Cochran v. Moriarty

Oldham, C.

This was an action by plaintiff in the court below upon an appeal undertaking, signed by the defendant as surety in the court of a justice of the peace of Douglas county, Nebraska. Judgment ivas rendered in the district court against the appellant, and this action ivas begun to recover the amount of the judgment and costs against the surety on the undertaking. There was a trial to the court, without the intervention of a jury, and judgment for the plaintiff, and defendant appeals to this court.

The first alleged error called to our attention in the brief of the defendant is that the…