97 Neb. 112 | Neb. | 1914
This is the action at law to which reference is made in Montgomery v. Dresher ante, p. 104. The only judgment entered in this action was one dismissing intervener’s petition of intervention, with prejudice. The one question to be determined, then, is: Can such judgment be sustained? In the findings upon which the judgment is based the court finds that there is a fund of $2,500 in the hands of the clerk which has been paid in under garnishment proceedings as the money of defendant, and which is being held to abide the further order of the court; that the
For the error indicated, the judgment of the district court is reversed and the cause remanded for further proceedings.
Reversed.