Legal Opinion

Gudtner v. Kilpatrick

Nebraska Supreme Court

Decided January 15, 1883PublishedCited by 11 opinions

Error to the district court for Gage county. Tried below before Weaver, J. cited: McConnell v. Swales, 2 Scam., 571. Southerla/nd v. Swales, 22 111., 91. Bensle/y v. Mountain, 13 Cal., 306. Roahfelter v. JDonally, 8 Cow., 664. 1 Abbott’s National Digest, 118. Clendenning v. Crawford, 7 Neb., 474. cited: Loomis v. McKenzie, 8 N. W. R., 779. Secrest v. Barbee, 17 Ohio State, 426. 7 Wait’s Actions and Defenses, 126. Bishop on-Contracts, § 458.

1Opinion of the CourtCobb, J.

This action was brought in the county court of Gage county, and from thence by appeal to the district court for said county, on an appeal bond, of which the following is a copy:

“Know all men by these presents, That we, S. D. Kilpatrick and Byron Bradt, of the county of Gage, Nebraska, are held and firmly bound unto David Gudtner, in the penal sum of $360.00, lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally and firmly by these presents. Witness our hands and seals this 30th…

2Cases cited4 opinions

  1. Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
  2. Strine v. KaufmanNebraska Supreme Court · 1882
  3. Love v. RockwellWisconsin Supreme Court · 1853
  4. Sutherland v. PhelpsIllinois Supreme Court · 1859

3Cited by11 opinions

  1. Hayden v. CookNebraska Supreme Court · 1892
  2. Holt County v. ScottNebraska Supreme Court · 1897
  3. Dunterman v. StoreyNebraska Supreme Court · 1894
  4. Flannagan v. ClevelandNebraska Supreme Court · 1895
  5. Creswell v. HerrColorado Court of Appeals · 1897

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