Stevenson v. Morgan
Nebraska Supreme Court
Eeror from the district court for Douglas county. Action upon statutory bond given in an appeal from a judgment in forcible entry and detainer. The law was declared unconstitutional in Armstrong v. Mayer, 60 Nebr., 423. The question here involved was, could a recovery be had upon a statutory bond where the statute was unconstitutional? Tried below before Keysor, J. Judgment for plaintiffs.
1Opinion of the Court
Lobingier, C.
This is an action on a bond given by plaintiffs in error in order to perfect an appeal to the district court in a forcible entry and detention proceeding. More than two years after the execution of the bond this court, in Armstrong v. Mayer, 60 Nebr., 423, declared unconstitutional the statute which, provided for such appeals and for bonds in pursuance thereof. But the appellant in that proceeding had retained possession up to the time when this action was brought, and judgment having been rendered against him and his surety thereon, the cause is brought here by petition in…
2Cases cited10 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- Lamden v. SharpTennessee Supreme Court · 1847
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
- Brookman v. . HamillNew York Court of Appeals · 1871
- Caffrey v. DudgeonIndiana Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- The People v. Federal Surety Co.Illinois Supreme Court · 1929
- Moses v. Royal Indemnity Co.Illinois Supreme Court · 1916
- Lloyds Casualty Insurer v. FarrarTexas Supreme Court · 1943
- Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
14 more not listed; retrieve them via the Exa API.