Homan v. Laboo
Nebraska Supreme Court
Petition in error to the District Court for Otoe County. It was an action of replevin, brought by Homan against Laboo and George Ward to recover possession of a span of mules. Homan claimed a special ownership, growing out of the following state of facts. The property being in possession of one Adcock, Ward, claiming the general ownership, brought suit, and replevied the same.
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Petition in error to the District Court for Otoe County. It was an action of replevin, brought by Homan against Laboo and George Ward to recover possession of a span of mules. Homan claimed a special ownership, growing out of the following state of facts. The property being in possession of one Adcock, Ward, claiming the general ownership, brought suit, and replevied the same. Being unable to give the security necessary to obtain a delivery to him by the officer, he applied to Homan for that purpose. To induce Homan to become security, he agreed to deliver the property to him, to be held as…
1Opinion of the CourtCeottnse, J.
This cause comes from the District Court for Otoe County. It was an action instituted by Homan to recover a span of mules. The plaintiff’s claim to recover is based on the following facts: —
On June 5, 1868, one Ward came to Homan, a livery-stable proprietor in Omaha, and requested him to sign a replevin bond in a suit just begun by Ward against another party, in whose possession he found the mules in question. Homan did so to oblige him, and upon the understanding that Ward would return to Nebraska City, where he was ’ acquainted, and bring with him a friend who would take Homan’s place on…
2Cases cited4 opinions
- Mowrey v. WalshNew York Supreme Court · 1828
- Fassett v. . SmithNew York Court of Appeals · 1861
- Hall v. HinksCourt of Appeals of Maryland · 1864
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
3Cited by4 opinions
- Aultman & Taylor Co. v. SteinanNebraska Supreme Court · 1879
- Oleson v. AlbersNebraska Supreme Court · 1936
- Parr v. HelfrichNebraska Supreme Court · 1922
- Sullivan Co. v. LarsonNebraska Supreme Court · 1948