McReady v. Rogers
Nebraska Supreme Court
Austin sued McReady in attachment. In his affidavit, as ground for the writ, he swore that the defendant bad disposed of his property with intent to defraud his creditors. Rogers was the surety on the attachment bond, given by the plaintiff. The attachment was levied on certain personal property, and one Phelps was garnished. The attachment was dissolved, the court finding that McReady had not disposed of bis property with fraudulent intent.
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Austin sued McReady in attachment. In his affidavit, as ground for the writ, he swore that the defendant bad disposed of his property with intent to defraud his creditors. Rogers was the surety on the attachment bond, given by the plaintiff. The attachment was levied on certain personal property, and one Phelps was garnished. The attachment was dissolved, the court finding that McReady had not disposed of bis property with fraudulent intent. Thereupon, McReady brought this action against Rogers for his damages. The cause was tried to a jury. . . On the trial, the defendant offered in evidence…
1Opinion of the CourtCrounse, J.
Among the errors assigned and chiefly relied- on by the counsel for the plaintiff in error are :
I. The rejection of testimony offered by him in the court below, showing a verdict obtained at the same term of court, against other parties and in favor of the defendant in error, in which was included the same interest sought to be recovered in this action, and
II. Permitting the jury to consider damages arising from detention of the attached property by the sheriff, subsequent to the dissolution of the attachment.
As to the first, I cannot understand upon what principle such proof would have been…
2Cases cited2 opinions
- Livingston v. BishopNew York Supreme Court · 1806
- Simonds v.CenterMassachusetts Supreme Judicial Court · 1809
3Cited by25 opinions
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- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
- Fitzgerald v. Union Stock Yards Co.Nebraska Supreme Court · 1911
- American Fire Insurance v. LandfareNebraska Supreme Court · 1898
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