62 Neb. 150 | Neb. | 1901
' Bert Glendore Wheeler sued the plaintiffs- in error as sureties upon an official bond and obtained judgment against them. The petition alleges that one James W. Eller was county judge of Douglas county during the term
Other cases to the same effect are Wheeler & Wilson Mfg. Co. v. Tinsley, 75 Mo., 458, and Knapp v. Roche, 94 N. Y., 329. -The case of Hudelson v. First Nat. Bank, supra, does not at all support the position for which the plaintiff contends. It merely decides that, in an action by a mortgagee for possession of mortgaged chattels, an allegation of non-payment of the mortgage debt is indispensable. The legal effect of a general denial was not determined, nor was there any occasion to consider the question, as the
The judgment heretofore rendered in this court is set aside, the judgment of the district court is reversed and the cause remanded for further proceedings.
Reversed and -remanded.