Cortelyou, Ege & Vanzandt v. McCarthy

Ryan, C.

On November 6, 1890, Justin McCarthy, Sr., recovered a judgment against the firm of Cortelyou, Ege & Vanzandt in the district court of Holt county. This judgment was affirmed in the supreme court (Cortelyou v. McCarthy, 37 Neb. 742), and this action was brought upon the supersedeas bond given in the original action. Prom a judgment rendered as prayed the principals and sureties on the bond prosecute error to this court.

It is first urged that the petition failed to state a cause of action against the parties to the bond. The petition recited the pendency of the action, the rendition of…