Dunterman v. Storey
Nebraska Supreme Court
Error from the district court of Adams county. Tried below before Gaskin, J. See opinion for statement of the case. The surety on the supersedeas bond should be bound only in the event of an actual affirmance of the judgment in whole or in part. He has a right to stand upon the strict construction of the'language of the bond. (Drummond v. Hus son, 14 N. Y., 60; Watson v. Husson, 1 Duer [N. Y.], 242; Gregory v. Obvian, 13 N. J. Law, 11; Wilson v. Churchman, 6 La.
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Error from the district court of Adams county. Tried below before Gaskin, J. See opinion for statement of the case. The surety on the supersedeas bond should be bound only in the event of an actual affirmance of the judgment in whole or in part. He has a right to stand upon the strict construction of the'language of the bond. (Drummond v. Hus son, 14 N. Y., 60; Watson v. Husson, 1 Duer [N. Y.], 242; Gregory v. Obvian, 13 N. J. Law, 11; Wilson v. Churchman, 6 La. Ann., 468; Duncan v. McGee, 7 Yerg. [Tenn.], 103; Ashley v. Brasil, 1 Ark., 144; Malone v. Mc-Claine, 3 Ind., 532; Ovington v.…
1Opinion of the Court
Ragan, C.
On the 25th day of November, 1889, Joseph Storey recovered a judgment in the district court of Adams county, Nebraska, against John H. Dunterman. On the 9th day *449of January, 1890, Dunterman, as principal, and Jacob Bernhart, as surety, executed and filed in the office of the clerk of the district court a supersedeas bond in words and figures as follows:
“Whereas, on the-day of-, 1890, John Dunterman has filed in the supreme court his transcript and petition in error to obtain a reversal of a judgment rendered in the district court of Adams county on the 25th day of November, 1889, in…
2Cases cited6 opinions
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
- Drummond v. . HussonNew York Court of Appeals · 1856
- Gudtner v. KilpatrickNebraska Supreme Court · 1883
- People v. LeetCalifornia Supreme Court · 1863
- Adams v. ThompsonNebraska Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Messecar v. MarshNebraska Supreme Court · 1945
- Holt County v. ScottNebraska Supreme Court · 1897
- Starr v. McClainSupreme Court of Oklahoma · 1915
- Peck v. Curlee Clothing Co.Supreme Court of Oklahoma · 1917
7 more not listed; retrieve them via the Exa API.