State ex rel. Rickgauer v. Kloke

Duffie, C.

The relator asks a writ of mandamus directed to the respondent, John Kloke, a justice of the peace for Boyd county, commanding him to approve a certain appeal bond tendered by the defendant in a case tried before him. It conclusively appears from the record before us that the appeal undertaking was presented within the time required by statute, and that the only objection made to . the bond by the respondent was that the surety thereon did not sign the same in his presence. In State v. Clark, 24 Neb. 318, it was held that the sureties on an appeal bond need not sign the same in the…