Paxton v. State
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Fawcett, J. The opinion contains a statement of the case. The court would have been justified in directing a verdict for the defendant sureties on the issue as to the delivery of the bond, and if not so, then certainly the issue should have been submitted to the jury. To render a bond effective, as a binding obligation delivery is essential.
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Error from the district court of Douglas county. Tried below before Fawcett, J. The opinion contains a statement of the case. The court would have been justified in directing a verdict for the defendant sureties on the issue as to the delivery of the bond, and if not so, then certainly the issue should have been submitted to the jury. To render a bond effective, as a binding obligation delivery is essential. See Fay v. Richardson, 7 Pick. [Mass.], 91; Mills v. Gore, 20 Pick. [Mass.], 28; Poioers v. Russell, 18 Pick. [Mass.], 75; Ghadwich v. Webber, 3 Greenl. [Me.], 141; Porter v. Oole, 4…
1Opinion of the CourtSullivan, J.
At the general election in 1894 Joseph S. Bartley was elected to the office of state treasurer, as his own successor. On January 3, 1895, he took the oath required by .1 aw, and tendered his official bond to the governor for approval. The sureties whose names then appeared upon the obligation were: Nathan S. Harwood, F. M. Cook, A. B. Clark, John H. Ames, Charles A. Hanna, Mary Fitzgerald, O. C. McNish and E. E. Brown. The governor did not approve the bond on the day it was presented, but returned it to Bartley, who promised to strengthen it by procuring additional sureties. • On January 9,…
2Cases cited25 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Fisher v. . HallNew York Court of Appeals · 1869
- Pollett v. . LongNew York Court of Appeals · 1874
- Kellow v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Vogel v. D. M. Osborne & Co.Supreme Court of Minnesota · 1884
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3Cited by35 opinions
- In Re Interest of LDNebraska Supreme Court · 1986
- O'CONNOR v. SlakerCourt of Appeals for the Eighth Circuit · 1927
- Smith v. BlackNebraska Supreme Court · 1943
- Central National Bank v. EricsonNebraska Supreme Court · 1912
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
30 more not listed; retrieve them via the Exa API.