Legal Opinion

Ayres v. Duggan

Nebraska Supreme Court

Decided February 9, 1899No. 8658Published

Error from tlie district court of Dakota county. Tried, below before Evans, J. Tlie petition is defective because it nowhere alleges that an execution had be.eil issued and returned before the commencement of suit. (Brandt, Suretyship & Guar'anty [2d ed.] sec. 4(50; Cooper v. Rhodes, 30 La. 533; Pinard r. George, 30 La. 384; Staley v. Howard, 7 Mo.

Read the full summary

Error from tlie district court of Dakota county. Tried, below before Evans, J. Tlie petition is defective because it nowhere alleges that an execution had be.eil issued and returned before the commencement of suit. (Brandt, Suretyship & Guar'anty [2d ed.] sec. 4(50; Cooper v. Rhodes, 30 La. 533; Pinard r. George, 30 La. 384; Staley v. Howard, 7 Mo. App. 377; Paxton v. Rich, 7 S. E. Rep. [Va.] 531; Taylor v. Cockrell, 1(3 S. W. Rep. [Tex.] 786.) Suit should have been brought against the principal as well as the sureties. (Van Sickle v. Buffalo County, 13 Neb. 120.) The judgment is void, for…

1Opinion of the Court

Ragan, C.

G. W. Wilkinson brought suit in the county court of Dakota county against J. F. Duggan. The latter had judgment, and Wilkinson appealed, M. O. Ayres executing the appeal undertaking. The trial in the district court resulted in a judgment in favor of Duggan. This judgment not having been paid, Duggan brought this *752suit in tlie district coxu-t of said county against Ayres on the appeal undertaking'. He had judgment, and Ayres has filed a petition in error here for its review.

1. The first contention is, in effect, that the petition does not state facts sufficient to constitute a cause of…

2Cases cited12 opinions

  1. Whipple v. FowlerNebraska Supreme Court · 1894
  2. Hurlburt v. PalmerNebraska Supreme Court · 1894
  3. Monroe v. Reid, Murdock & Co.Nebraska Supreme Court · 1895
  4. Barritt S. King & Co. v. MurphyNebraska Supreme Court · 1896
  5. Scroggin v. JohnstonNebraska Supreme Court · 1895

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API