Gandy v. Jolly
Nebraska Supreme Court
Error to the district court for Johnson couuty. Tried below before Appelget, J. The summons was served by reading, and this court has held such service insufficient. (Newlove v. Woodward, 9 Neb., 502.) Attachment is a statutory proceeding, and can. be prosecuted-only in the manner pointed out by statute. (Miller v. Mason, 51 la., 239; Waples, Attachment, 372.) A valid judgment against the principal defendant is essential to authorize a judgment against the garnishee.
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Error to the district court for Johnson couuty. Tried below before Appelget, J. The summons was served by reading, and this court has held such service insufficient. (Newlove v. Woodward, 9 Neb., 502.) Attachment is a statutory proceeding, and can. be prosecuted-only in the manner pointed out by statute. (Miller v. Mason, 51 la., 239; Waples, Attachment, 372.) A valid judgment against the principal defendant is essential to authorize a judgment against the garnishee. (Frisk v. Reigelman, 75 Wis., 499; 8 Am. & Eng. Ency. Law, 1245; White v. Limber Co., 29 W. Ya., 385.) A garnishee may avail…
1Opinion of the Court
Maxwell, Ch. J.
This action was brought in the district court.,of Richardson county by the defendants -in error against the plaintiff in error, to recover against her as garnishee.
It is alleged in the petition that the defendants in error recovered a judgment against one Charles N. Richardson, for the sum of $145.67 and costs taxed at $33.50, in which action M. E. Gandy was made garnishee; that she appeared and answered as such; that by her answer it appeared to *538the court that before the serving of notice upon her she had taken possession of about 2,000 bushels of wheat belonging to Richardson…
2Cited by4 opinions
- Smith v. JohnsonNebraska Supreme Court · 1895
- Gandy v. JollyNebraska Supreme Court · 1892
- Keck v. PickensSupreme Court of Arkansas · 1944
- Curtis-Baum Co. v. LangNebraska Supreme Court · 1909