53 Neb. 79 | Neb. | 1897
This was an action by Hitchcock county upon the official bond of Trites, who was formerly treasurer of that county. On the trial, after the county had rested, the court sustained an objection to the introduction of any testimony on behalf of the defendants on the ground that the answers stated no defense. This was logically followed by instructing the jury to return a verdict in favor of the county for the amount by it claimed. These rulings were manifestly erroneous as to the sureties defending, who by their answer merely admitted the election and qualification of Trites, the making and approval of the bond, and denied all other allegations of the petition. Trites and the sureties joined, however, in the motion for a new trial, and also in the petition in error, so that there can be no reversal because of the error
Reversed and remanded.