Anheuser-Busch Brewing Ass'n v. Hier
Nebraska Supreme Court
Appeal from the district court of Saline county. Heard below before Hastings, J. The opinion contains a statement of the case. The money in the hands of the clerk of the district court being in custodia legis, cannot, in equity, be subjected to payment of plaintiff’s' claim. There was an adequate remedy at law. (Tuck v. Manning, 22 N. E. Rep. [Mass.], 1001; Dubois v. Dubois, 6 Cow. [N. Y.], 496; Hanna v. Bry, 5 La.
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Appeal from the district court of Saline county. Heard below before Hastings, J. The opinion contains a statement of the case. The money in the hands of the clerk of the district court being in custodia legis, cannot, in equity, be subjected to payment of plaintiff’s' claim. There was an adequate remedy at law. (Tuck v. Manning, 22 N. E. Rep. [Mass.], 1001; Dubois v. Dubois, 6 Cow. [N. Y.], 496; Hanna v. Bry, 5 La. Ann., 651; Murrell v. Johnson, 3 Hill [S. Car.], 12; Wchle v. Connor, 83 N. Y., 231; Leroux'v. Baldus, 13 S. W. Rep. [Tex.], 1019; Curtis v. Ford, 14 S. W. Rep. [Tex.], 614; Wilbur…
1Opinion of the CourtNorval, J.
The plaintiff and appellee, the Anheuser-Busch Brewing Association, recovered a judgment in the county court of Saline county against Bennett Hier and J. A. Derse for $891.96. An execution was issued thereon, which was returned by the sheriff wholly unsatisfied for want of property of the execution debtors whereon to make a levy. It is also disclosed that said Hier commenced in the district court of Saline county an action by attachment against the said Derse, which terminated in favor of Hier; that the attached property was sold, and the proceeds arising therefrom, amounting to about $900,…
2Cases cited1 opinion
- Weaver v. CressmanNebraska Supreme Court · 1887
3Cited by8 opinions
- Maxwell v. MaxwellNebraska Supreme Court · 1921
- Williams v. SmithWisconsin Supreme Court · 1903
- State v. McColeryNebraska Supreme Court · 2018
- Fremont Farmers Union Cooperative Ass'n v. MarkussenNebraska Supreme Court · 1939
- Anheuser-Busch Brewing Ass'n v. HierNebraska Supreme Court · 1898
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