Gordon v. Hennings

A history of the transaction out of which this litigation arises may be found in Gordon v. City of Omaha, 77 Neb. 556. That suit was prosecuted by the plaintiff herein against the city; the instant one is against the bondsmen of the late city treasurer. From a judgment rendered upon a directed verdict in the defendants’ favor the plaintiff appeals.

The defendants justify the court’s instruction on two grounds: First, the opinion in Gordon v. City of Omaha, supra; second, for the alleged reason that, until Judge Gordon shall have settled with his counsel Mr. Eller, this action cannot be…