Emery v. Cobbey
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Broady, J. Defendant in error not only did not accept but even declined the only offer made by the Crosses. The testimony shows that Ellis, through whom defendant claims the Crosses became indebted to him, was not a general agent and was not authorized to employ counsel. There is no precedent or rule of law under the facts by which defendant could become entitled to the possession of the warrant.
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Error to the district court for Gage county. Tried below before Broady, J. Defendant in error not only did not accept but even declined the only offer made by the Crosses. The testimony shows that Ellis, through whom defendant claims the Crosses became indebted to him, was not a general agent and was not authorized to employ counsel. There is no precedent or rule of law under the facts by which defendant could become entitled to the possession of the warrant. The attorney’s lien allowed by our statute is paramount to the rights of the parties. (Boyer v. Ciarle, 3 Neb., 168; Griggs v. White, 5…
1Opinion of the Court
Reese, Ch. J.
This is a proceeding in error to the district court of Gage county.
The action was in replevin against the county clerk of said county for the possession of a county warrant for the sum of $426.27 in favor of the estate of Hugh M. Cross, deceased, held by the clerk for delivery to the executors of said estate as due it upon a claim previously allowed, and which had been duly signed by the county clerk and the chairman of the county board. After the institution of the suit the executors of the estate of Cross appeared and made application to be made defendants and filed their…
2Cited by3 opinions
- Crail v. CommissionerUnited States Board of Tax Appeals · 1942
- Pettis v. Green River Asphalt Co.Nebraska Supreme Court · 1904
- J. H. Teasdale Commission Co. v. KecklerNebraska Supreme Court · 1909