Holeran v. School District No. 17
Nebraska Supreme Court
Error to the district court for Adams County. Tried before Gaslin, J. cited 2 Bouvier Die., 516. B. M. B. B. v. Dick £ Son, 7 Neb., 242. ■ Bliss on Code Pleading, sec. 95. Swan’s Pleading, 101. Mowery v. Mast, 9 Neb., 445. In this case the liability of each set of bondsmen arises upon Ms own separate undertaking — contract, and there is no community of interest between the parties to the several obligations; hence it cannot be said that they come within the permissive…
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Error to the district court for Adams County. Tried before Gaslin, J. cited 2 Bouvier Die., 516. B. M. B. B. v. Dick £ Son, 7 Neb., 242. ■ Bliss on Code Pleading, sec. 95. Swan’s Pleading, 101. Mowery v. Mast, 9 Neb., 445. In this case the liability of each set of bondsmen arises upon Ms own separate undertaking — contract, and there is no community of interest between the parties to the several obligations; hence it cannot be said that they come within the permissive provisions of see. 41 of the code, nor the mandatory provisions of sec. 42. There is but one cause of action in this case,…
1Opinion of the Court
Maxwell, Oh. J.
This is an action upon the official bonds of Thomas Shea, treasurer of School District No. 17 of Adams county.
*408The petition states that on the first Monday of April, 1876, one Thomas Shea was elected treasurer of said district, and thereupon executed and delivered to said district his official bond as such treasurer with Isaiah Slyter and Joseph Plick as sureties; that afterwards in July, 1878, and during said term of office, said Shea executed and delivered to said district an additional bond,'signed by himself as principal and Thomas Hole-ran and Michael Holeran as sureties,…
2Cited by4 opinions
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- Stoner v. Keith CountyNebraska Supreme Court · 1896
- Gilbert v. Board of EducationSupreme Court of Kansas · 1890
- State Ex Rel. Shenandoah Valley National Bank v. HiettWest Virginia Supreme Court · 1941