Deck v. Smith
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. The opinion states the. case. 1. The court had no jurisdiction.
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Error to the district court for Lancaster county. Tried below before Pound, J. The opinion states the. case. 1. The court had no jurisdiction. Bickett v. Garner,. 21 Ohio State, 659. Wood v. O’Farrell, 19 Id., 427. Dowling v. Steivart, 3 Scam., 194. Gen. Stat., 692,, § 1039. Galley v. County of Tama, 40 Iowa, 49. Gates v. Neimeyer, 54 Iowa, 110. 2. There was error in allowing the evidence to go to the jury, in showing that after the property was taken in replevin, and a subsequent execution was issued and certain property taken on that execution, and no supplemental petition filed. Nothing…
1Opinion of the Court
Lake, Ch. J.
This is a proceeding in error to obtain a reversal of a-judgment of the district court for Lancaster county. The judgment was in an action of replevin brought into that court by appeal from a justice of the peace. The property replevied was four yearling heifers and twelve hogs. The plaintiff in error, a constable, from whom the property was replevied, had seized it in execution of a judgment against W. H. Smith, the husband of the defendant in error, and as belonging to him.
It is first objected to the judgment that the district court acquired no jurisdiction of the subject matter…
2Cases cited1 opinion
- Dressler v. DavisWisconsin Supreme Court · 1860
3Cited by12 opinions
- Kleinknecht v. McNultyNebraska Supreme Court · 1959
- Bliss v. BeckNebraska Supreme Court · 1907
- People's Sec. Bank v. SandersonSouth Dakota Supreme Court · 1909
- Bates & Co. v. StanleyNebraska Supreme Court · 1897
- Thompson v. LoenigNebraska Supreme Court · 1882
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