Whitall v. Cressman

• Decision Date: 06 January 1886
• Parties: WHITALL, ASSIGNEE, AND OTHERS v. CRESSMAN.
• Court: Nebraska Supreme Court

18 Neb. 508

26 N.W. 245

WHITALL, ASSIGNEE, AND OTHERS

v.CRESSMAN.

Supreme Court of Nebraska.

Filed January 6, 1886.

Error to district court, Cuming county.

John D. Howe, for plaintiffs.

Lamb, Ricketts & Wilson, for defendant.

MAXWELL, J.

This case grows out of that of Cressman v. Whitall, 16 Neb. 592, S. C. 21 N. W. Rep. 458, the cause being remanded to the district court for the entry of a new decree in accordance with the views expressed in the opinion. The district court thereupon rendered a decree as follows: “This cause coming on to be heard on the motion of the above-named defendants for an order of the court to file the mandate of the supreme court herein, and for the entry of a decree thereunder as therein commanded, said order and decree to be entered as of the term of the court said mandate was received, and as the date of the same appears to have been filed by the clerk of this court, which said motion, after argument of counsel, is hereby sustained: The court, after being fully advised in the premises, finds that the defendants William H. Whitall, John D. Howe, and Richard F. Stevenson received of said funds the sum of six thousand six hundred and fifty-six dollars and eighty-three cents, of date December 22, 1883, and that they are properly chargeable with seven per cent. interest thereon from date of receipt up to November 19, 1884, (when decree was ordered entered by the supreme court, allowing certain defendants amounts therein stated,) amounting to $419.29, which, with principal, amounts to $7,076.12. The court further finds that on said nineteenth day of November, 1884, the said Howe and Stevenson were entitled to retain of said fund, so as aforesaid found in their possession, the sum of $5,799.36 due thereon, and their clients, to-wit, Howe and Stevenson, $2,800; Eliza B. Gavitt, administratrix of the estate of Nelson Gavitt, $2,986; William H. Whitall, $13.20. That, after deducting the above amounts, there remained in the hands of Howe, Stevenson, and Whitall, on November 19, 1884, the sum of $1,276.76, which amount they are required to pay to the clerk of this court. That the defendants the West Point Manufacturing Company and the West Point Butter & Cheese Association still retain of said fund the sum of $500, which, with interest at 7 per cent. from December 22, 1883, should be paid into court. It is therefore ordered and adjudged and decreed by the court that the defendants William H. Whitall and John D. Howe and Richard F. Stevenson pay into court the sum of $1,276.76, and that execution is awarded therefor; that the West Point Manufacturing Company and the West Point Butter & Cheese Association pay into court the sum of $543.75; that on their failure so to do, that the plaintiff is authorized to enforce the judgment lien in favor of William H....