Tingley v. Dolby
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. The possession of personal property does not subject the garnishee to liability to answer in cash for such personal property in his hands. Dolby v. Tingley, 9 Neb., 417. Comp. Stat., 559, sec. 224. Miner v. Barker, 1 Alabama, 421. Estill v. Goodlor, 6 La. Ann., 122. Bed v. Whit-more, 16 La. Ann., 48. Coleman v. Fennimore, 16 Lk. Ann., 253. Frost v. Batrick, 11 Miss.
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Error to the district court for Lancaster county. Tried below before Pound, J. The possession of personal property does not subject the garnishee to liability to answer in cash for such personal property in his hands. Dolby v. Tingley, 9 Neb., 417. Comp. Stat., 559, sec. 224. Miner v. Barker, 1 Alabama, 421. Estill v. Goodlor, 6 La. Ann., 122. Bed v. Whit-more, 16 La. Ann., 48. Coleman v. Fennimore, 16 Lk. Ann., 253. Frost v. Batrick, 11 Miss. (3 Smed. & M.), 783. Wetherellv. Flanigan, 2 Miles (Pa.), 243. Beople v. Johnson, 14 111., 342.
1Opinion of the CourtMaxwell, J.
This case was before this court in 1879, and is reported in 9 Neb., 412. The case haying been remanded for a new *372trial, was referred to Hon. S. B. Galey as referee, who heard the testimony and made a report in favor of the plaintiff in error. This report was set aside by the district court, to which the plaintiff excepted, and now assigns the same for error. The referee also signed a bill of exceptions containing all the testimony taken in the case. Upon the report of the referee being set aside the cause was tried to a jury, which rendered a verdict in favor of the defendant for the sum of…
2Cases cited2 opinions
- Axtell v. WardenNebraska Supreme Court · 1878
- Dolby v. TingleyNebraska Supreme Court · 1879
3Cited by15 opinions
- Greenberg v. Fireman's Fund InsuranceNebraska Supreme Court · 1949
- Bartley v. StateNebraska Supreme Court · 1898
- Gibson v. GibsonNebraska Supreme Court · 1888
- State v. WixsonNebraska Supreme Court · 1963
- Sang v. BeersNebraska Supreme Court · 1886
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