Reavis v. Horner
Nebraska Supreme Court
This was an application for an injunction brought in the district court for Richardson county. The petition alleges that defendant Horner had recovered a judgment against one Findley, and caused an execution, issued thereon, to be levied upon the property in controversy as the property of Findley.
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This was an application for an injunction brought in the district court for Richardson county. The petition alleges that defendant Horner had recovered a judgment against one Findley, and caused an execution, issued thereon, to be levied upon the property in controversy as the property of Findley. Reavis and Thomas thereupon replevied the said property from Pearson, the sheriff, who had the same by virtue of said levy, and Horner having caused himself to be substituted as defendant, in place of the sheriff, judgment was rendered against Reavis and Thomas for a return of the property, or in…
1Opinion of the CourtLake, J.
In its main features this case differs but slightly from that of Frey v. Drahos, 10 Neb., 594, in 'which we held that, under a judgment for the return of personal property replevied from a sheriff’, a tender at the place where it was taken, and had remained during the in*481terim, was sufficient, and that after a refusal by the officer to receive it, his attempt to enforce the alternative judgment for its value was properly enjoined.
In the replevin case here, the property consisted of two horses, one cow, twenty hogs, one harvester, two corn cultivators, one corn planter, six hundred bushels of…
2Cases cited1 opinion
- Frey v. DrahosNebraska Supreme Court · 1880
3Cited by6 opinions
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Hallidie Machinery Co. v. Whidbey Island Sand & Gravel Co.Washington Supreme Court · 1913
- Bates & Co. v. StanleyNebraska Supreme Court · 1897
- Wallace v. CoxNebraska Supreme Court · 1913
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