Nebraska State Bank Liquidation Ass'n v. Village of Burton

Lightner, District Judge.

This suit was filed on January 3, 1936, in the district court, and originally sought recovery for balance of a $700 .warrant issued by certain officers of the defendant village on August 14, 1926. Payments had been made thereon as follows, to wit: October 26, 1928, $175; November 18, 1931, $Í75; November 27, 1931, $125. The trial began in .the district court on April 26, 1937. Plaintiff by permission of the court filed an amended petition on May 7, 1937, changing its cause of action from a suit on the warrant to a suit for money had and received. Defendant filed its…