Raapke & Katz Co. v. Schmoller & Mueller Piano Co.

Calkins, C.

This was an action upon a supersedeas bond given upon appeal to the district court from a judgment of restitution rendered by the county court of Douglas county in an action of forcible entry and detainer between the same parties. The bond was given October 7, 1905, the appeal dismissed April 10, 1906, and the defendants surrendered the premises April 15, 1906. The only controverted question of fact in the trial of this case in the district court was the rental value of the premises; the plaintiff alleging it to be $250 and the defendant denying that it exceeded the sum of $100 a…