Legal Opinion

First National Bank v. Sloman

Nebraska Supreme Court

Decided October 17, 1894No. 5214PublishedCited by 7 opinions

Appeal from the district court of Douglas county. Heard below before Hopewell, J. The facts are stated in the opinion. Appellees are not judgment creditors of Morris H. Sloman. They allege and prove only a judgment against the firm of Sloman Bros. (Morrissey v. Schindler, 18 Neb., 672; Herron v. Cole Bros., 25 Neb., 692; Ruth v. Lowrey, 10 Net)., 260; Leach v. Milburn Wagon Co., 14 Neb., 106.) The judgment upon which the creditors’ bill is based is not a domestic judgment.

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Appeal from the district court of Douglas county. Heard below before Hopewell, J. The facts are stated in the opinion. Appellees are not judgment creditors of Morris H. Sloman. They allege and prove only a judgment against the firm of Sloman Bros. (Morrissey v. Schindler, 18 Neb., 672; Herron v. Cole Bros., 25 Neb., 692; Ruth v. Lowrey, 10 Net)., 260; Leach v. Milburn Wagon Co., 14 Neb., 106.) The judgment upon which the creditors’ bill is based is not a domestic judgment. It is the judgment of a court of limited jurisdiction,'and, so far as the courts of this state are concerned, a foreign…

1Opinion of the CourtPost, J.

This is a proceeding in the nature of a creditors’ bill, and comes into this court by appeal from a decree of the district court for Douglas county. It is alleged in the petition that in the year 1866 the plaintiff recovered judgment in the circuit court of the United States for the district of Nebraska against the defendants Morris H. Sloman and Eugene H. Sloman, doing business in the firm name of Sloman Bros.; that execution has been issued thereon and returned unsatisfied, said defendants, as well as the firm of Sloman Bros., being wholly insolvent. It is further charged that in the years…

2Cases cited8 opinions

  1. Embry v. PalmerSupreme Court of the United States · 1883
  2. Wandling v. StrawWest Virginia Supreme Court · 1885
  3. Adams v. WaySupreme Court of Connecticut · 1866
  4. Ballin v. LoebWisconsin Supreme Court · 1890
  5. Thomson v. County of LeeSupreme Court of Iowa · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. PielstickerNebraska Supreme Court · 1929
  2. Peterson v. GittingsSupreme Court of Iowa · 1899
  3. Horn's Crane Service v. PriorNebraska Supreme Court · 1967
  4. McDonnell v. WasenmillerCourt of Appeals for the Eighth Circuit · 1934
  5. Stone v. NeeleyNebraska Supreme Court · 1894

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