O'dea v. Washington County
Nebraska Supreme Court
This was a petition in error brought to reverse the judgment of the district court of Washington county. The case is fully stated in the opinion of the court. I. The bond was defective in not having two sureties.
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This was a petition in error brought to reverse the judgment of the district court of Washington county. The case is fully stated in the opinion of the court. I. The bond was defective in not having two sureties. Was this an error prejudicial to the defendant? Section 145 of the civil code provides that “ the court, in emery stage of cm action, must disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the adverse party.” General Statutes., 546. In this bond the surety was sufficient for fifty times the amount of the penalty, and the…
1Opinion of the Court
Lake, Ch. J.
This case presents but a single question for our determination.
It appears that a public highway was laid out across the plaintiff’s land, and appraisers appointed to assess his damages as provided in section twenty-four, chapter sixty-seven, of the General Statutes. From the award made by these appraisers the plaintiff apjsealed to the district court, and to perfect the same, executed a bond to the state in the sum of five, hundred dollars, which bond conforms strictly with the provisions of the statute,. save that there is but a single surety, while at least two are required. For…
2Cases cited2 opinions
- Mitchell v. GoffSupreme Court of Iowa · 1865
- Boorman v. FreemanIllinois Supreme Court · 1850
3Cited by13 opinions
- Loeb v. LoebSupreme Court of Oklahoma · 1909
- De Lair v. De LairNebraska Supreme Court · 1946
- Haggerty v. WalkerNebraska Supreme Court · 1887
- Blair v. West Point Manufacturing Co.Nebraska Supreme Court · 1878
- Struthers v. McDowellNebraska Supreme Court · 1877
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