Holt County v. Scott
Nebraska Supreme Court
Error from the district court of Holt county. Tried below before Chapman, J. The facts are stated in the opinion. References: Manley v. City of Atchison, 9 Kan. 364; Supervisors of Richmond County v. Wandel, 6 Bans. [N. Y.] 33; Sullivan v. State, 23 N. E. Rep. [Ind.] 150; State v. Lincoln County, 18 Neb. 283. In support of arguments in favor of the contentions that the bond was properly excluded as. evidence against the sureties, and that the court properly directed a…
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Error from the district court of Holt county. Tried below before Chapman, J. The facts are stated in the opinion. References: Manley v. City of Atchison, 9 Kan. 364; Supervisors of Richmond County v. Wandel, 6 Bans. [N. Y.] 33; Sullivan v. State, 23 N. E. Rep. [Ind.] 150; State v. Lincoln County, 18 Neb. 283. In support of arguments in favor of the contentions that the bond was properly excluded as. evidence against the sureties, and that the court properly directed a verdict for defendants, reference was made to the following cases: State v. Lansing, 46 Neb. 514; United States v. Le Baron,…
1Dissent
Irvine, C.,
dissenting.
While concurring for the most part in the opinion of the court, I cannot concur in the conclusion that the bond sued on became operative, and desire, as briefly as possible, to express my viewrs on the two principal points on which the court bases that conclusion. I understand the court to hold, in the first place, that the approval of an official bond, at least within the time limited by law, is not essential to the consummation of the contract between the obligors and the public; and,'in the second place, that because Scott was suffered to assume the duties and receive…
2Cases cited5 opinions
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- McMillin v. RichardsNebraska Supreme Court · 1895
- State ex rel. James v. LynnNebraska Supreme Court · 1891
- Crawford ex rel. Tarpley v. MeredithSupreme Court of Georgia · 1849
- Winneshiek County v. MaynardSupreme Court of Iowa · 1876