United States Wind Engine & Pump Co. v. Drexel
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Hopewell, J. The opinion contains a statement of the case. Obligors cannot escape liability, because the bond does not run to the county.
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Error from the district court of Douglas county. Tried below before Hopewell, J. The opinion contains a statement of the case. Obligors cannot escape liability, because the bond does not run to the county. (Heatherington v. Hayden, 11 la. 335; Purslcy v. Hayes, 22 la. 29; Huffman v. Eoppelkom, 8 Neb. 344; Eoppclkom v. Huffman, 12 Neb. 95; Thomas v. Ilinklcy, 19 Neb. 324; Riggs v. Miller, 34 Neb. 666; Fillows v. GilmaAi, 4 Wend. [N. Y.] 414; Faurole v. State, 110 Ind. 463.) The bond is not void for want of a penalty. (Dodge v. St. John, 96 N. Y. 260; Williams v. Golden, 10 Neb. 432; Noble v.…
1Opinion of the CourtSullivan, J.
The United States Wind Engine & Pump Company, by this proceeding in error, challenges the correctness of the order and judgment of the district court for Doug*773las county sustaining a demurrer to its petition and dismissing its action. Tlie material allegations of the petition are in substance as follows:
1. It is the assignee and Ówner of a subcontractor’s claim, amounting to $4,000, due for labor and material furnished in the erection of a court house for Montgomery county, in the state of Iowa.
2. The Ltws of Iowa give subcontractors a lien for all material and labor furnished in the erection…
2Cases cited7 opinions
- Huffman v. KoppelkomNebraska Supreme Court · 1879
- Dodge v. Frederick M. St. JohnNew York Court of Appeals · 1884
- Kopplekom v. HuffmanNebraska Supreme Court · 1881
- Thomas v. HinkleyNebraska Supreme Court · 1886
- Williams v. GoldenNebraska Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Davis v. Kilgore State BankNebraska Supreme Court · 1924