State ex rel. Stange v. Cochran
Nebraska Supreme Court
Obiginal application for mandamus. An instrument to be upheld as a statutory bond must comply with all material requirements of the statute. (Cutler v. Roberts, 7 Neb., 4; Gregory v. Cameron, Id., 414.) One of the requirements of the present law is that “ the ■ person against whom judgment may be rendered ” enter into an undertaking; and this law is substantially the same as that construed in Gregory v. Cameron.
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Obiginal application for mandamus. An instrument to be upheld as a statutory bond must comply with all material requirements of the statute. (Cutler v. Roberts, 7 Neb., 4; Gregory v. Cameron, Id., 414.) One of the requirements of the present law is that “ the ■ person against whom judgment may be rendered ” enter into an undertaking; and this law is substantially the same as that construed in Gregory v. Cameron. (Code, sec. 1049; sec. 481 [repealed .1875].) One required by statute to give a bond must join in the same as principal or it will be void. (People v. Hartley, 21 Cal., 585 [82 Am.…
1Opinion of the CourtMaxwell, J.
On the 30th day of October, 1889, the relator recovered a judgment against John Bowlby and John Knox before the respondent, a justice of the peace.
On the 4th day of November thereafter the judgment debtors caused to be filed with said justice an undertaking for the stay of .execution, as follows:
“A. H. Strange v. Allen Bowlby and John Knox, partners doing business under the firm name of Bowlby & Knox.
“ We do hereby acknowledge ourselves sureties for the defendants herein, for the" payment of the judgment and costs, and interest thereon, rendered by the justice court of the state of Nebraska,…
2Cases cited1 opinion
- Gregory v. CameronNebraska Supreme Court · 1878
3Cited by2 opinions
- Clark v. Bank of HennesseySupreme Court of Oklahoma · 1904
- Morrison v. BoggsNebraska Supreme Court · 1895