Hagerman v. Tong Lee
Nevada Supreme Court
Appeal from tlie District Court of the Second Judicial District, Washoe County. The facts are sufficiently stated in the opinion of the court. The liability of a garnishee fixed by section 130 of the practice act, under our practice must be finally concluded by judgment in suit brought for the purpose. The practice of concluding the garnishee by judgment in the original suit does not prevail in this state.
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Appeal from tlie District Court of the Second Judicial District, Washoe County. The facts are sufficiently stated in the opinion of the court. The liability of a garnishee fixed by section 130 of the practice act, under our practice must be finally concluded by judgment in suit brought for the purpose. The practice of concluding the garnishee by judgment in the original suit does not prevail in this state. On question of denial and conflicting claims, see 11 Ohio St. 11, 324; 7 Robertson, 64; 17 N. Y. 482; 40 Barb. 242; 5 How. 448; 9 How. 100; 12 How. 309; 13 How. 137; '21 How. 20; 3 Daly,…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Appellants were brought into court in the above entitled suit under the provisions of section 243 of the civil practice act, relating to proceedings supplementary to execution. The district court appointed a referee, with full power to hear and determine all questions arising upon the examination of the parties, and to make all due and proper order therein, etc.
On the twelfth day of December, 1876, the referee made an order requiring P. N. Marker & Co. to pay over to the sheriff the sum of six hundred and sixty-nine dollars and eleven cents in satisfaction of the…
2Cases cited8 opinions
- Phillips v. WelchNevada Supreme Court · 1876
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
- Parker v. PageCalifornia Supreme Court · 1869
- Hathaway v. BradyCalifornia Supreme Court · 1864
- Crounse v. WhippleNew York Supreme Court · 1865
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3Cited by9 opinions
- Greene v. Eighth Judicial District CourtNevada Supreme Court · 1999
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Gottwals v. ManskeNevada Supreme Court · 1940
- Brown v. EdmondsSouth Dakota Supreme Court · 1894
- Wallace, Smuin & Co. v. McLaughlinUtah Supreme Court · 1895
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