Noakes v. Switzer
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Weaver, J. The bill of exceptions consists of an agreed statement of facts, as follows : It is agreed by the parties that by an order of attach- ■ ment in favor of John Koskis and against Thomas L, Noakes, that under said attachment personal property was seized as the property of Thomas Noakes.
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Error to the district court for Gage county. Tried below before Weaver, J. The bill of exceptions consists of an agreed statement of facts, as follows : It is agreed by the parties that by an order of attach- ■ ment in favor of John Koskis and against Thomas L, Noakes, that under said attachment personal property was seized as the property of Thomas Noakes. That said attachment was issued out of the county court, and that Amanda Noakes notified the sheriff that she claimed said property as hers; and that such proceedings were had as that the trial of the right of property took place before J,…
1Opinion of the CourtCobb, J.
Whatever may have been the intention of the legislature in providing two different modes of proceeding in cases of property taken on execution or attachment being-claimed by third persons, one applicable to proceedings in courts of record, and the other to proceedings before justices of the peace; and, although the provisions of the general statute makes “ the provisions of the code of civil procedure, relative to justices of the peace, where no special provision is made in this sub-division, ” apply to the proceedings in all civil actions prosecuted before said probate- judges,” and whatever…
2Cited by2 opinions
- State ex rel. Austrian, Wise & Co. v. DuncanNebraska Supreme Court · 1893
- Board of County Commissioners v. State ex rel. MillerNebraska Supreme Court · 1882