Raymond Bros. v. Green & Co.
Nebraska Supreme Court
Error to the district court for York county. Tried below before Post, J. The opinion states the case, 1. The set-off should have been allowed. Code, sec. 103. Pomeroy on'Remedies, 752, and note. Parsons v. Nash, 8 How.
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Error to the district court for York county. Tried below before Post, J. The opinion states the case, 1. The set-off should have been allowed. Code, sec. 103. Pomeroy on'Remedies, 752, and note. Parsons v. Nash, 8 How. Pr., 454., Stevens v. Able, 15 Kan., 584. 2. It is admitted on the record that no sum has ever been paid by the plaintiffs as attorney’s fees for services in procuring a dissolution of the attachment, and in an action on the bond no recovery can be had for services of counsel, unless payment -has been actually made. It is apparent from the circumstances of this cause that the…
1Opinion of the Court
Maxwell, Ch. J.
This action was brought by Green & Co., in the district court of York county, upon an undertaking in attachment, of which the following is a copy:
“Know all men by these presents, that we, Raymond Brothers, as principal, and Cyrus Langworthy, as surety, are held and firmly bound unto Green & Company, in the sum of five hundred and fifty dollars ($550.00), upon conditions following: Whereas th§ said Raymond Brothers is about suing out of the office of the'county court judge, in and for said county, a writ of attachment against the property of said Green & Company, defendants, for…
2Cases cited3 opinions
- Boyer v. ClarkNebraska Supreme Court · 1873
- Stevens v. AbleSupreme Court of Kansas · 1875
- Green & Co. v. Raymond Bros.Nebraska Supreme Court · 1879
3Cited by14 opinions
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
- Willoughby v. BallSupreme Court of Oklahoma · 1907
- James v. CannellWashington Supreme Court · 1925
- Braden v. Gulf Coast Lumber Co.Supreme Court of Oklahoma · 1923
- Van Etten v. KostersNebraska Supreme Court · 1896
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