Eccles v. Walker
Nebraska Supreme Court
Appeal from the district court for Gage county: William H. Kelligar, Judge.
1Opinion of the Court
Duffie, C.
Eccles sued Walker upon his official bond as justice of tbe peace to recover $1.25 illegal fees exacted from bim, and also tbe penalty of $50 provided in section 34, chapter 28 of tbe Compiled Statutes 1905 (Ann. St. 9060). Tbe trial resulted in a judgment against Walker for tbe amount claimed, but tbe district court dismissed the action as against tbe surety, the United States Fidelity & Guaranty Company. From this order Eccles appealed, and tbe court reversed the order and remanded the case for a new trial. (72 Neb. 734.)
Tbe opinion is direct and specific that the surety on tbe…
2Cases cited17 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Allan v. KennardNebraska Supreme Court · 1908
- Hixon v. CuppSupreme Court of Oklahoma · 1897
- Kane v. Union Pacific RailroadNebraska Supreme Court · 1876
- Furlong v. StateMississippi Supreme Court · 1881
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3Cited by6 opinions
- State Ex Rel. Schilling v. Oklahoma CitySupreme Court of Oklahoma · 1917
- City of Scottsbluff v. Southern Surety Co.Nebraska Supreme Court · 1933
- Berg v. Midwest Laundry Equipment Corp.Nebraska Supreme Court · 1965
- Burnham v. BennisonNebraska Supreme Court · 1936
- Sheibley v. CooperNebraska Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.