72 Neb. 439 | Neb. | 1904
The plaintiff in error commenced this action against William H. Walker, a justice of the peace, on his official bond, and impleaded the United States Fidelity & Guaranty Company, his surety, to recover the statutory penalty for taking and receiving illegal fees. The bond company filed a general demurrer to the petition, which was amended by interlineation; it thereupon answered over, and the cause was tried in the district court for Gage county to a jury. A verdict was returned for the plaintiff; both defendants filed motions for a new trial. 'Walker’s motion ivas overruled, and judgment was rendered against him on tin' verdict; and the motion of the surety company was sustained. Thereafter the cause proceeded against the said company alone, and a'second trial resulted in another verdict for the plaintiff. Thereupon the company filed another motion for a new trial, which was sustained;
The second and last ground of the defendant’s motion is that the proceedings must be dismissed for want of necessary parties; and it is contended that Walker, against whom a judgment was rendered in the court below, is
It follows that the matters involved in this controversy cannot be disposed of on an objection to the jurisdiction or a motion to dismiss the proceedings in error. For these reasons the motion should be, and the same is, hereby overruled.
Motion overruled.