Roberts v. Moudy
Nebraska Supreme Court
Error to the district court for Nance county. Tried below before Post, J. The district court of Wyoming, where the wife and children were domiciled, awarded the custody of the latter to the wife, and that decree is still in force. (Cooley, Const. Lim., 404; Kline v. Kline, 10 N. W. Rep., 825.) Defendant in error is not the head of the family because he has formed no part thereof since the divorce.
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Error to the district court for Nance county. Tried below before Post, J. The district court of Wyoming, where the wife and children were domiciled, awarded the custody of the latter to the wife, and that decree is still in force. (Cooley, Const. Lim., 404; Kline v. Kline, 10 N. W. Rep., 825.) Defendant in error is not the head of the family because he has formed no part thereof since the divorce. (Rock v. Haas, 110 111., 528; Tyson v. Reynolds, 3 N. W. Rep., 469.) The property should have been appraised and the exempt portion selected. (Metz v. Cunningham, 6 Neb., 90; Chesney v. Francisco,…
1Opinion of the CourtMaxwell, J.
On September 14, 1886, the plaintiff in error was the sheriff of Nance county, and had for collection an execution issued out of the district court of Buffalo county against M. Y. Moudy, the defendant in error. Moudy was a practicing lawyer of Nance county, and the execution was levied upon his law library and other property used by him in the practice of his profession. Moudy gave a redelivery bond to the sheriff and retained possession of the property levied upon.
In April, 1887, the plaintiff in error sought to sell' the property upon which the levy had previously been made when Moudy…
2Cited by6 opinions
- In Re Estate of GrassmanNebraska Supreme Court · 1968
- In re Foster's EstateNevada Supreme Court · 1923
- Armstrong-McClenahan Co. v. RhoadsSupreme Court of Iowa · 1917
- Holcomb v. HolcombNorth Dakota Supreme Court · 1909
- Howells State Bank v. ArpsNebraska Supreme Court · 1928
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