Gregory v. Cameron
Nebraska Supreme Court
Error' to the district court for Lancaster county. Tried below before- Pound, J. The opinion states the case. The pretended stay-bonds were not stay-bonds at all, certainly not such as required by statute, and being purely statutory bonds, were nullities unless made in strict conformity to the statute directing the same.
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Error' to the district court for Lancaster county. Tried below before- Pound, J. The opinion states the case. The pretended stay-bonds were not stay-bonds at all, certainly not such as required by statute, and being purely statutory bonds, were nullities unless made in strict conformity to the statute directing the same. These pretended stay-bonds were executed before the law of 1875, amending the law of stay-bonds, was approved, and are therefore governed by section 481 of the civil code. The instruments claimed to be stay-bonds, under the above cited statute, fail to be such. First. Because…
1Opinion of the CourtLake, J.
The defendant in error was surety for Thomas J. Caution on a promissory note given to the Lancaster County Bank, on which judgment was duly rendered by the probate court for $191.16 and costs.
Within the time allowed by law, and for the purpose of staying execution, the plaintiff's in error appeared before the probate judge and entered into an undertaking, as follows: “ In pursuance of the statute in such case made and provided, J. H. McMurtry and J. S. Gregory, for the purpose of staying the above judgment, do hereby promise and undertake to pay the above judgment, interest, and costs, and…
2Cited by3 opinions
- State v. HillNebraska Supreme Court · 1896
- Morrison v. BoggsNebraska Supreme Court · 1895
- State ex rel. Stange v. CochranNebraska Supreme Court · 1890