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NIKLAUS v. PHOENIX INDEMNITY COMPANY OF NEW YORK

No. 34328.

89 N.W.2d 258 (1958)

166 Neb. 438

William NIKLAUS, Appellee, v. PHOENIX INDEMNITY COMPANY OF NEW YORK, Appellant, John M. Priest, Intervener-Appellant.

Supreme Court of Nebraska.

April 11, 1958.

Attorney(s) appearing for the Case

Cline, Williams, Wright & Johnson, Richard N. Thompson, Lincoln, for appellant.

J. A. Hayward, Lincoln, for appellee.

John M. Priest, intervener-appellant, pro se.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, CHAPPELL, and BOSLAUGH, JJ.

MESSMORE, Justice.

This is an action brought in the district court for Lancaster County by William Niklaus, plaintiff, against the Phoenix Indemnity Company of New York, defendant. John M. Priest filed a petition in intervention in the action. The purpose of the action was to recover on an appeal bond given in an action in forcible entry and detainer, required on appeal of such action by section 27-1416, R.R.S.1943. Trial by jury was waived and trial had to the court...

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