Legal Opinion

Johnson v. Smith, Hultin, Andersons Co.

Nebraska Supreme Court

Decided January 6, 1933No. 28325Published

1Opinion of the CourtDay, J.

This is an action to recover damages upon an attachment bond given in an action on an account. The trial court sustained a demurrer to plaintiff’s petition.

The allegation in the petition relevant to a discussion of the alleged error is that there was entered in the attachment case the following journal entry:

“Now on this 4th day of August, 1931, settlement made in open court whereby $250 of funds is paid into court for the plaintiff and credited on his account and by agreement of all parties and in settlement; attachment is dismissed, and discharged, also garnishment. And as to attachment and…

2Cases cited2 opinions

  1. Downs v. American Surety Co.Supreme Court of Minnesota · 1916
  2. Eiseley v. Norfolk National BankNebraska Supreme Court · 1911

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