Struthers v. McDowell
Nebraska Supreme Court
This was a suit in the district court for Jefferson county, brought by defendants in error against plaintiff in error and R. B. "Wallace as partners, under the firm name of Struthers & Wallace. Tried below before Pound, J. An attachment was issued in the cause. The affidavit filed in said cause as the basis for the attachment proceedings lacked a venue; Struthers, appeared specially and made a motion to set aside, dissolve, and discharge the attachment.
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This was a suit in the district court for Jefferson county, brought by defendants in error against plaintiff in error and R. B. "Wallace as partners, under the firm name of Struthers & Wallace. Tried below before Pound, J. An attachment was issued in the cause. The affidavit filed in said cause as the basis for the attachment proceedings lacked a venue; Struthers, appeared specially and made a motion to set aside, dissolve, and discharge the attachment. Defendants in error made a motion for leave to amend the affidavit. The motion to amend was sustained; the affidavit was amended, and the…
1Opinion of the Court
Lake, Ch. J.
The first error assigned is the overruling of the motion made to quash the summons. This point was not urged in argument, and we suppose it was abandoned. At all events, the objection to the sufficiency of this writ was not warranted, it being in all respects in strict conformity to the requirements of the statute.
The other objections all relate to the affidavit on which the order of attachment was issued; the chief of these being that no venue was given. It is also objected that the court erroneously permitted the notary public before whom the affidavit was made, to insert the…
2Cases cited3 opinions
- O'dea v. Washington CountyNebraska Supreme Court · 1873
- Langworthy v. WatersSupreme Court of Iowa · 1861
- Campbell v. WhetstoneIllinois Supreme Court · 1842
3Cited by11 opinions
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
- Newell v. WhitwellMontana Supreme Court · 1895
- A. C. Rudolf & Co. v. R. L. McDonald & Co.Nebraska Supreme Court · 1877
- Avery v. GoodSupreme Court of Missouri · 1893
- Barker Co. v. Central West Investment Co.Nebraska Supreme Court · 1905
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