Sweeney v. Karsky
Nevada Supreme Court
Appeal from the Third Judicial District Court, Eureka County; A. L. Fitzgerald, Judge. Action by W. H. Sweeney against M. Karsky and others on an undertaking on appeal to stay execution of a judgment rendered in an election contest. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal. The facts sufficiently appear in the opinion. I. This is an action on an undertaking on appeal.
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Appeal from the Third Judicial District Court, Eureka County; A. L. Fitzgerald, Judge. Action by W. H. Sweeney against M. Karsky and others on an undertaking on appeal to stay execution of a judgment rendered in an election contest. From a judgment for plaintiff and an order denying a motion for new trial, defendants appeal. The facts sufficiently appear in the opinion. I. This is an action on an undertaking on appeal. The sureties can only be held to be liable for what they have undertaken to be liable for, if they are liable at all; in the third subdivision of the undertaking the sureties…
1Opinion of the Court
By the Court,
Massey, J. :
The respondent instituted a proceeding to contest the election of one P. J. Hjul to the office of sheriff of Eureka county. The trial of this proceeding resulted in a judgment in favor of the said Sweeney. Hjul appealed therefrom to the supreme court, and, for the purpose of securing a stay of execution of the judgment, procured the appellants herein to execute an undertaking on appeal. The third recital in the undertaking was to the effect that, as the said Hjul was desirous of staying the execution of the judgment in so far as it relates to the possession of said…
2Cases cited2 opinions
- Lynip v. BucknerNevada Supreme Court · 1895
- State v. McElhaneyMissouri Court of Appeals · 1886
3Cited by5 opinions
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- State ex rel. Bartlett v. BrodiganNevada Supreme Court · 1914