Harris v. Cronk
| Decision Date | 29 April 1885 |
| Citation | 23 N.W. 341,17 Neb. 475 |
| Parties | FRED. L. HARRIS ET AL., PLAINTIFFS IN ERROR, v. ADOLPHUS V. CRONK, DEFENDANT IN ERROR |
| Court | Nebraska Supreme Court |
ERROR to the district court for Valley county. Tried below before TIFFANY, J.
Judgment reversed, and cause dismissed.
Charles E. Magoon, for plaintiffs in error.
W. H Williams, for defendant in error.
It appears from the record in this case that on the 30th day of October, 1882, Benjamin C. White and Edward M. Coffin commenced an action of replevin in the county court of Valley county against Fred L. Harris and Barney Weare. The writ issued in said cause was returned by the sheriff as personally served on the defendants, also by seizing the personal property therein described and upon the due appraisement thereof according to law, and the taking of a bond with security in double the appraised value thereof, and the delivery of said property to the plaintiffs in said action.
And on the 3d day of November, 1882, it appearing to said county court that the said replevied property had been appraised at the sum of five hundred and nine dollars, a sum beyond the jurisdiction of the county court (as the law then was), the said county court by an order under its seal and the hand of the judge thereof duly certified said cause to the district court of Valley county.
On the 9th day of January, 1883, the said Benjamin C. White and Edward M. Coffin filed their petition in replevin in said cause in the said district court, and upon the same day the said Fred L. Harris and Barney Weare appeared in said court and filed a disclaimer therein, wherein and whereby they severally disclaimed any and all interest in the said replevied property or any part thereof and in the replevin bond given therefor by the plaintiffs in said action. And on the same day the said Benjamin C. White and Edward M. Coffin plaintiffs in said cause, paid all costs in said action and entered and filed in the office of the clerk of said court an order finally dismissing said cause, which order was duly filed and certified by the clerk of said court.
It appears further that on the 25th day of April, 1883, A. V. Cronk came into said clerk's office and filed two papers, one being in the nature of an offer to answer in said case, and the other a combination of a petition for leave to intervene in said cause by petition in equity and an answer to the petition in said cause.
On the 14th day of May following, the said Fred L. Harris and Barney Weare filed a motion to strike the said papers filed by A. V. Cronk from the files, for the reason that the action had been dismissed; and again on the 16th day of the same month the said Fred L. Harris and Barney Weare filed in said clerk's office a demurrer to the said petition filed by the said Cronk.
It further appears by a journal entry contained in said record that on the 14th day of May, 1883, and on the fourth day of the term of said court, the said ...
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