Kopplekom v. Huffman
Nebraska Supreme Court
Error to the district court of Dodge county. Tried below, before Post, J. The case came here in 1879, and is reported 8 Neb., 344. Yerdict and judgment in favor of plaintiff Huffman. 1. Bond admitted in evidence is not identical with that set out in petition. The variance is fatal. 1 Green-leaf Ev., sec’s 66, 58 and 66. 2 Id., sec’s 11 and 160. . 2. Bond is void because it differs from the statutory requirements in several respects.
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Error to the district court of Dodge county. Tried below, before Post, J. The case came here in 1879, and is reported 8 Neb., 344. Yerdict and judgment in favor of plaintiff Huffman. 1. Bond admitted in evidence is not identical with that set out in petition. The variance is fatal. 1 Green-leaf Ev., sec’s 66, 58 and 66. 2 Id., sec’s 11 and 160. . 2. Bond is void because it differs from the statutory requirements in several respects. Gen. Stat., 99. Sex-son v. Kelley, 3 Neb., 104. Cutler v. Roberts, 7 Neb., 13. Silvcrv. Governor, 4 Blackf., 15. Jackson v. Simonton, 4 Cranch O. C., 255. Howard…
1Opinion of the CourtLake, J.
The first five of the alleged errors relate exclusively to the official bond on which the action was brought. .That the plaintiffs in error, as principal and sureties, actually executed an official bond for Kopplekom as sheriff, is not •denied by the answer. The statements on this point are evasive. In effect, the denial is simply that they never “made their writing obligatory, as copied and set out in said petition;” and that the instrument “as mentioned' and described in said petition,” was never “approved according to law,” An effort seems to have been here made by the pleader to take…
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