45 Neb. 512 | Neb. | 1895
Plaintiff in error Walter L. Selby was surety on an appeal bond, by virtue of which this cause was brought to the district court of Douglas county. The action was replevin, in which John J. Wilkinson was plaintiff and P. J. and Bridget McQuillan were defendants. Upon a verdict in the district court aforesaid there was a judgment in favor of the McQuillans for $520.82, the value of the property replevied. Immediately following the recitation of these facts in the record there was this language: “ The court finds that Walter L. Selby is surety upon the appeal bond herein and that he is liable as such surety on said appeal bond in the sum of $520.82 and the costs.” For the sum last named there was thereupon rendered a personal judgment against both Wilkinson and Selby.
By the petition in error the sole question to be determined is whether or not the district court had jurisdiction
Reversed.