State ex rel. Rickgauer v. Kloke

Nebraska Supreme Court

State ex rel. Rickgauer v. Kloke

110 N.W. 687, 78 Neb. 133, 1907 Neb. LEXIS 105

CourtNebraska Supreme Court

DecidedJanuary 5, 1907

DocketNo. 14,623

StatusPublished

Cited by1 cases

This text of 110 N.W. 687 (State ex rel. Rickgauer v. Kloke) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Rickgauer v. Kloke, 110 N.W. 687, 78 Neb. 133, 1907 Neb. LEXIS 105 (Neb. 1907).

Pincite

Opinion

Duffie, C.

The relator asks a writ of mandamus directed to the respondent, John Kloke, a justice of the peace for Boyd county, commanding him to approve a certain appeal bond tendered by the defendant in a case tried before him. It conclusively appears from the record before us that the appeal undertaking was presented within the time required by statute, and that the only objection made to . the bond by the respondent was that the surety thereon did not sign the same in his presence. In State v. Clark, 24 Neb. 318, it was held that the sureties on an appeal bond need not sign the same in the presence of the justice. If the justice requires proof of the genuineness of the signatures or of the sufficiency of the surety, he should make it known when the bond is received by him or soon thereafter. Otherwise the objection will be waived. This case was referred to with approval in McKinley & Lanning v. Chapman, 37 Neb. 378, and Deere, Wells & Co. v. Hodges, 59 Neb. 288, and'is the rule now well established in this state. There being no objection to the bond other than that the surety did not sign in the presence of the [134]*134justice, tbe relator is entitled to have the same approved, and we recommend that an order be entered directing the writ to issue.

Albert and Jackson, CC., concur.

By the Court: For the réasons stated in the foregoing-opinion, an order is entered directing the writ .to issue.

Writ allowed..

Free access — add to your briefcase to read the full text and ask questions with AI

Duffie, C.

The relator asks a writ of mandamus directed to the respondent, John Kloke, a justice of the peace for Boyd county, commanding him to approve a certain appeal bond tendered by the defendant in a case tried before him. It conclusively appears from the record before us that the appeal undertaking was presented within the time required by statute, and that the only objection made to . the bond by the respondent was that the surety thereon did not sign the same in his presence. In State v. Clark, 24 Neb. 318, it was held that the sureties on an appeal bond need not sign the same in the presence of the justice. If the justice requires proof of the genuineness of the signatures or of the sufficiency of the surety, he should make it known when the bond is received by him or soon thereafter. Otherwise the objection will be waived. This case was referred to with approval in McKinley & Lanning v. Chapman, 37 Neb. 378, and Deere, Wells & Co. v. Hodges, 59 Neb. 288, and'is the rule now well established in this state. There being no objection to the bond other than that the surety did not sign in the presence of the [134]*134justice, tbe relator is entitled to have the same approved, and we recommend that an order be entered directing the writ to issue.

Albert and Jackson, CC., concur.

By the Court: For the réasons stated in the foregoing-opinion, an order is entered directing the writ .to issue.

Writ allowed..

Cite This Page — Counsel Stack

Bluebook (online)

110 N.W. 687, 78 Neb. 133, 1907 Neb. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rickgauer-v-kloke-neb-1907.

Opinion

Related

Cite This Page — Counsel Stack