17 Neb. 362 | Neb. | 1885
This action was brought in the district court of Jefferson county by the plaintiffs -against the defendants for the
The petition in the court below alleges the recovery by the plaintiffs in the said court, at the September, 1883, term thereof, of a judgment against the said J. F. Hollenbeck for the sum of $148.63, which judgment remains in full force and wholly unpaid. That in said cause, and at the said term of said court, the following property, which had been levied upon by virtue of an order of attachment sued out in said cause, was decreed and ordered to be sold to satisfy said judgment and costs: Lot eleven, in block nine, in Reynolds, Nebraska, and lots 3 and 4, in block 13, in Endicott, Nebraska. That said defendant, J. F. Hollenbeck, is wholly insolvent and has no property whatever to satify said judgment. That said J. F. Hollenbeck, at the time the indebtedness upon which said judgment was rendered accrued, was carrying on the business of dry goods and groceries, and on the 30th day of December, 1882, sold out his entire stock of dry goods and groceries, which stock included a large amount of the goods sold him by the plaintiffs, and for which said judgment was rendered, to one E. F. Miller, and then and there turned over to said Miller said stock, and at the same time said Hollenbeck was indebted to these plaintiffs for goods and merchandise that constituted a portion of said stock. *
That the said Miller, as part purchase price of said stock, gave said J. F. Hollenbeck said lot 11, in block 9, in Reynolds, and lots 3 and 4, in block 13, in Endicott, and that the consideration paid by said Hollenbeck to said Miller was the sole and only consideration paid for said property. That said J. F. Hollenbeck had said property conveyed by said Miller to Charlotte Hollenbeck, the mother of said J. F. Hollenbeck, for the purpose of plac
The defendants appeared by attorney and made answer by a general denial. There was a trial to the court, a finding and judgment for the defendants, and the plaintiffs’ motion for a new trial having been overruled they bring the cause to this court by appeal.
By the bill of exceptions it appears that it was admitted by the parties in open court that the property described in the plaintiffs’ petition was levied upon by virtue of an order of attachment issued out of said court in favor of Kennard, Daniel & Co. v. J. F. Hollenbeck, upon which a judgment was rendered in said cause, and was levied upon lot 11, in block 9, in Reynolds, Nebraska, and upon lots 3 and 4, in block 14, in Endicott, Nebraska. That said defendant, J. F. Hollenbeck, was a non-resident of the state of Nebraska, and that the only service of the pendency of said action defendant ever had was by personal service of summons upon him within the state of Iowa. It also appears from the evidence preserved in the bill of exceptions that all of the material allegations of the plaintiffs’ petition were sufficiently proved; that the title to the said real estate in tlie said Charlotte Hollenbeck is only colorable; that she paid no consideration therefor, and that the same was placed in her name by the said J. F. Hollenbeck for the purpose of defrauding his creditors.
The appellees made no brief in the case, but it was stated at the hearing that the cause was decided in the district court on the question of the alleged deficient service of the summons in the attachment suit.
The object of the attachment proceeding was not to ob
The judgment of the district court is therefore reversed
Judgment accordingly.