County of Buffalo v. Van Sickle

Cobb, Ch. J.

This action, as brought and tried in the district court; was in the nature of an action of debt on a county treasurer’s bond, against an ex-county treasurer and his securities. The question was raised in the court below as to whether the petition stated facts sufficient to constitute a cause of action, and overruled. Yet it is quite apparent that *364if the theory of this court upon which the case between _.ie same parties was disposed of, as reported in 13 Neb., 103, is correct, the petition fails to state a .cause of action against the defendants other than Van Sickle. Indeed it…