56 Neb. 229 | Neb. | 1898
Tu May, 1893, a dwelling-house standing in one of the public streets of the city of South Omaha was seized by the defendant Adams, a constable of Douglas county, under an execution issued on a judgment for work and
There are two grounds on which it is sought to vindicate the action of the tidal court. It is first claimed that it was the duty of 'the plaintiff, upon being informed of the pendency of the action, to appear before Justice Levy and file a formal disclaimer, and that it was not enough to merely inform the defendant and the justice that the case was not his and did not concern him. Tbe writer is of opinion that, under the circumstances, no such obligation rested upon Mr. Kaufmann; but a decision of the point of the case and we is unnecessary to a proper disposition therefore, do not decide it,
Reversed,