Legal Opinion

Raymond Bros. v. Green & Co.

Nebraska Supreme Court

Decided November 15, 1881PublishedCited by 14 opinions

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

  1. Boyer v. ClarkNebraska Supreme Court · 1873
  2. Stevens v. AbleSupreme Court of Kansas · 1875
  3. Green & Co. v. Raymond Bros.Nebraska Supreme Court · 1879

3Cited by14 opinions

  1. Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
  2. Willoughby v. BallSupreme Court of Oklahoma · 1907
  3. James v. CannellWashington Supreme Court · 1925
  4. Braden v. Gulf Coast Lumber Co.Supreme Court of Oklahoma · 1923
  5. Van Etten v. KostersNebraska Supreme Court · 1896

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