Selby v. McQuillan
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Dickinson, J. See opinion for statement of tbe case. A surety on an appeal bond can not be held in an appellate court for a larger amount than tbe lower court had jurisdiction to render.
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Error from tbe district court of Douglas county. Tried below before Dickinson, J. See opinion for statement of tbe case. A surety on an appeal bond can not be held in an appellate court for a larger amount than tbe lower court had jurisdiction to render. See Union P. B. Co. v. Ogilvy, 18 Nebr., 638; O’Leary v. Islcey, 12 Nebr., 136; Courtnay v. Price, 12 Nebr., 192; Puller v. Uchroeder, 20 Nebr., 631. ' Unless an alternative judgment is entered, tbe judgment is not one upon which an action on an appeal bond can be based. See Singer Mfg. Co. v. Dunham, 33 Nebr., 686; Field v. Lvmhard, 53…
1Opinion of the CourtSullivan, J.
Wilkinson sued McQuillan before one of tbe justices of the peace for Douglas county to recover the possession of specific personal property. In execution of the order of delivery the chattels therein described were seized, appraised and turned over to the plaintiff, he having first given the undertaking required by the statute in such cases. A trial of the cause to a jury in the justice court resulted in a verdict in favor of the defendant, in which the value of the property was fixed at $200 and the damage occasioned by the wrongful retention at $50. The judgment was in- the alternative form…
2Cases cited1 opinion
- Kilpatrick-Koch Dry Goods Co. v. RosenbergerNebraska Supreme Court · 1899
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