Gilbert v. J. J. Brown & Brother
Nebraska Supreme Court
Error to Saline county district court. Heard below before Weaver, J., upon objections to a confirmation of tbe sale of certain real estate sold under an execution issued upon a judgment rendered in favor of Brown & Brother and against Gilbert & Artist. Objections overruled and sale confirmed. Plaintiffs had a right to have the whole proceedings inquired into, and the jurisdiction of the court rendering the judgment examined by the district court.
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Error to Saline county district court. Heard below before Weaver, J., upon objections to a confirmation of tbe sale of certain real estate sold under an execution issued upon a judgment rendered in favor of Brown & Brother and against Gilbert & Artist. Objections overruled and sale confirmed. Plaintiffs had a right to have the whole proceedings inquired into, and the jurisdiction of the court rendering the judgment examined by the district court. Buckingham ¿- Co. v. Granville Alexandria Society, 2 Ohio, 361. Koehler v. Ball, 2 Nan., 172. The execution and proceedings thereunder should have…
1Opinion of the Court
Maxwell, Ch. J.
In October, 1874, the defendants in error recovered a judgment against the plaintiffs, in the probate court of Saline county, for the sum of $357.40 and costs. Within a short time after the rendition of the judgment a bond for stay of execution was filed in behalf of the plaintiffs in error, signed by two sureties, but not by the plaintiffs. In March, 1877, an execution was issued on the judgment, and returned unsatisfied. *93A transcript of the judgment was thereupon filed in the office of the clerk of the district' court, upon which execution was issued and levied upon certain…
2Cases cited1 opinion
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
3Cited by3 opinions
- Dickinson v. DickinsonCourt of Appeals of Texas · 1943
- Horton v. MonroeMichigan Supreme Court · 1893
- Pettry v. ShinnWest Virginia Supreme Court · 1938