Northup v. Bathrick

Oldham, C.

This was an action on an account, originally instituted in the county court of Furnas county, Nebraska, where the plaintiffs had judgment. Defendant appealed from the judgment, and gave a bond duly approved by the county court, conditioned as required by law. When the *63cause was docketed in the district court, plaintiffs filed a motion to dismiss the appeal, because “the pretended bond was signed by ‘C. E. V. Smith, Cashier/ as surety, and said ‘O. E. Y. Smith, Cashier/ is not authorized to sign said bond, and the same is not binding upon him personally.” This motion was taken up by…