58 Neb. 220 | Neb. | 1899
Meyer, Bannerman & Co. commenced an action in the county court of Cass county, aided by attachment, to recover from William G-. Keefer the sum of $817.83 for gopdg alleged to tidy® t>een $old gnd deliyered, Til® <Mfi’
It is argued that the county court erred in allowing the bank and Nancy J. Keefer to intervene. In our view it is unnecessary to consider this question or venture an opinion thereon. It is obvious that they brad no right to move for a dissolution of the attachment, and the sustaining of their motion was clearly erroneous. (Rudolf v. McDonald, 6 Neb. 163; Decre v. Eagle Mfg. Co., 49 Neb. 385; Ward v. Howard, 12 O. St. 158; First Nat. Bank of Madison v. Greenwood, 79 Wis. 269; 1 Shinn, Attachment & Garnishment sec. 350.) The debtor alone had the right to assail the attachment on the ground that the affidavit on which the writ issued was untrue. The interveners might have replevied the property or sued for the conversion thereof, but they cannot be heard to question the existence of plaintiffs’ alleged grounds for attach
Reversed.