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EMERSON-BRANTINGHAM IMPLEMENT CO. v. JOHNSON

No. 6434.

1 F.2d 212 (1924)

EMERSON-BRANTINGHAM IMPLEMENT CO. v. JOHNSON.

Circuit Court of Appeals, Eighth Circuit.

July 2, 1924.

Attorney(s) appearing for the Case

E. G. McGilton, of Omaha, Neb. (Sidney W. Smith, of Omaha, Neb., on the brief), for appellant.

Allen G. Fisher, of Chadron, Neb. (Lloyd H. Jordon, of Gordon, Neb., on the brief), for appellee.

Before LEWIS, Circuit Judge, and BOOTH and SYMES, District Judges.

BOOTH, District Judge.

This is a bill in equity by appellee, Johnson, to cancel on the ground of forgery, a stay bond on which it is claimed by appellant that Johnson was a surety; also to set aside all proceedings thereon, including an execution sale of land belonging to Johnson. The short facts leading up to the present suit are as follows:

Appellant recovered a judgment on the 12th of September, 1921, in the District Court of the United States for the District...

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