County of Douglas v. Moores
Nebraska Supreme Court
Error from tbe district court for Douglas county. Action on tbe official bond of the ex-clerk of tbe district court to recover unclaimed witness fees. Tried below before Baxter, J. Judgment of non-suit below.
1Opinion of the Court
Duffie, O.
This is an action on tbe official bond of Frank E. Moores, as clerk of tbe district court for Douglas county, to recover certain unclaimed witness fees and costs paid to him as clerk of tbe district court. Tbe defendants interposed a general demurrer to tbe petition, which was sustained, and *285the plaintiffs electing to stand on the petition, judgment Avas given for the defendants. The plaintiffs bring the case here on error.
Since 1869 section 26, chapter 80, Compiled Statutes of 1901, has been in force. It is as follows: “All unclaimed fees and costs which have been paid and not…
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