Scott v. Rohman
Nebraska Supreme Court
Appeal from the district court of Lancaster county. .Heard below before Hall, J. See opinion for statement of the case. A judgment debtor can be held as garnishee.
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Appeal from the district court of Lancaster county. .Heard below before Hall, J. See opinion for statement of the case. A judgment debtor can be held as garnishee. (Skipper «. Foster, 29 Ala., 330; Osborn v. Cloud, 23 la., 104; •Gamble v. Central Railroad & Banking Co., 80 Ga., 595; MaBride v. Fallon, 65 Cal., 301; Wehle v. Conner, 83 N. Y., 231; Oppenheimer v. Marr, 31 Neb., 811.) All reasons for a rule that the garnishment of a judgment in a different court cannot be permitted, as laid down in some of the older authorities, vanish when applied to this case or to any similar case under our…
1Opinion of the Court
Norval, C.'J.
This suit was instituted in the district court of Lancaster county by the appellant to determine the rights of the respective parties to certain moneys which had been paid by John Fitzgerald to the clerk of said court in satisfaction of a judgment which had theretofore been rendered therein in a cause wherein one John Lanham was plaintiff, and said *620Eitzgerald was defendant. Issues were formed, and upon the trial, the court made the following findings of fact:
“1. That in an action then pending in this court, between John Lanham as plaintiff, and John Eitzgerald as defendant, for…
2Cases cited16 opinions
- Wood v. LakeWisconsin Supreme Court · 1860
- American Bank v. RollinsMassachusetts Supreme Judicial Court · 1868
- Gager v. WatsonSupreme Court of Connecticut · 1836
- Traer Bros. v. WhitmanSupreme Court of Iowa · 1881
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nash v. Mobile O.R. Co.Mississippi Supreme Court · 1928
- Trew v. TrewNebraska Supreme Court · 1997
- Elson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
- American State Bank v. PhelpsNebraska Supreme Court · 1930
- Hamill v. PeckColorado Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.