McDonald v. Atkins

Lake, Ch. J.

The principal question in this case is whether the facts alleged in the petition make a good cause of action. The court below answered this question in the negative, and accordingly refused to permit the introduction of any evidence by the plaintiffs. We have bestowed 'considerable reflection upon the arguments of counsel, and examined the authorities cited to support them, and have reached the conclusion that the learned judge of the district court was in error in holding as he did.

The petition is based upon an official bond given by R. • N. Vedder as clerk of the district court…