People ex rel. Dobson v. McClay
Nebraska Supreme Court
On the twelfth day of November, 1870, Lathrop obtained a judgment against Dobson before a justice of the peace, on which execution issued to the sheriff of Lancaster Countjr. The sheriff levied upon all of the property of the defendant, consisting of household furniture and carpenter’s tools, of less value than five hundred dollars.
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On the twelfth day of November, 1870, Lathrop obtained a judgment against Dobson before a justice of the peace, on which execution issued to the sheriff of Lancaster Countjr. The sheriff levied upon all of the property of the defendant, consisting of household furniture and carpenter’s tools, of less value than five hundred dollars. Dobson thereupon filed with the justice who rendered the judgment an inventory of his property, verified hy him, claiming the benefit of the exemption law; and the same was duly appraised and released by the sheriff. Another execution was afterwards issued by the…
1Opinion of the CourtLake, J.
We have no doubt that mandamus is the proper remedy in this case. There is no other adequate remedy for the wrong of which the relator complains. By no other means can he compel the respondent to do that which the law specially enjoins upon him, as a duty resulting from the official position that he occupies. The relator filed an inventory of all his personal property, as required by sect. 522 of the Code of Civil Procedure, which embraced that which the respondent had levied upon, and claimed it as being exempt from forced sale or execution.
This done, the respondent had but one course to…
2Cited by7 opinions
- Chesney v. FranciscoNebraska Supreme Court · 1882
- Williams v. WilliamsNebraska Supreme Court · 1917
- Hamilton v. FlemingNebraska Supreme Court · 1889
- Swaney v. HutchinsNebraska Supreme Court · 1882
- Cunningham v. ConwayNebraska Supreme Court · 1889
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