Fire Ass'n v. Ruby

For the second time this cause lias made its appearance in this court, the former decision being reported in 49 Neb. 584. The action was upon the official bond of the defendant J. A. Ruby, as sheriff of Phelps county, to recover the sum of $435, which it is alleged came into the hands of Ruby as sheriff, as the proceeds of the sale of certain real estate under a decree of foreclosure, and *731which he hacl neglected and refused to pay the plaintiff. Upon the first trial the main matter interposed by the officer as a defense was that he had paid the money to the clerk of the district court for the…