Olmstead v. Rivers
Nebraska Supreme Court
This was a petition in error to reverse an order of .the district court, Gaslin, J., presiding, for Adams county, dissolving an attachment issued in the action. but by leave of court J. H. Broady filed a brief containing substantially the same argument made by him in Marsh v. Steele, ante p. 96.
1Opinion of the CourtLake, J.
The dissolution of the attachment is the only matter alleged for error. The grounds of the motion to dissolve, and which the court sustained, were as follows:
First. That no copy of the bond or instrument on which the action was founded was “ attached to the pe*235tition.” This omission was not at all prejudicial to the attachment proceedings, which were collateral and merely auxiliary to the action proper. The only object of the attachment was to secure funds with which to satisfy the anticipated judgment if it should be .finally obtained. The failure to attach a copy of the instrument sued on…
2Cases cited1 opinion
- Conner v. St. John ElliottSupreme Court of the United States · 1856
3Cited by8 opinions
- Newell v. WhitwellMontana Supreme Court · 1895
- Republic Truck Sales Corp. v. PeakCalifornia Supreme Court · 1924
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903
- Kuehn v. ParoniNevada Supreme Court · 1888
- National Reefer Service, Inc. v. FelmanNebraska Supreme Court · 1957
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