Clark v. Foxworthy
Nebraska Supreme Court
Clark recovered judgment against Yearnsbaw in the county court of Lancaster county. Execution issued and returned nulla bona. Affidavit for garnishment and summons issued to Foxworthy, garnishee. Finding by the court that Foxworthy had $227 belonging to Yearnshaw, etc., and an order that same be paid into court, and judgment that Clark have and recover of and from Foxworthy the said sum and costs.
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Clark recovered judgment against Yearnsbaw in the county court of Lancaster county. Execution issued and returned nulla bona. Affidavit for garnishment and summons issued to Foxworthy, garnishee. Finding by the court that Foxworthy had $227 belonging to Yearnshaw, etc., and an order that same be paid into court, and judgment that Clark have and recover of and from Foxworthy the said sum and costs. The district court, Pound, J., presiding, reversed this judgment, and Clark brought the case here upon a petition in error.
1Opinion of the Court
Lake, Ch. J.
It appears from the transcript of the proceedings before the county judge that, upon the close of the examination of the garnishee, a formal judgment was entered against him, in favor of the plaintiff in execution, for the sum of two hun*242dred and twenty-seven dollars, together with the costs of the proceeding. This was clearly erroneous. There was no authority at this stage of the proceeding for doing more than simply to order the garnishee to pay over the amount found to be due and payable from him to the defendant in execution, upon his own admission, not exceeding, of course,…
2Cited by7 opinions
- Johnson v. SamuelsonNebraska Supreme Court · 1908
- Christiansen v. MooreNebraska Supreme Court · 1969
- Early v. Belgrade-Hord Co.Nebraska Supreme Court · 1938
- Hollingsworth v. FitzgeraldNebraska Supreme Court · 1884
- Union Pacific Railway Co. v. SmershNebraska Supreme Court · 1888
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