Stay bonds; approval; justification of sureties.
Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.
Source:Laws 1875, § 4, p. 50; R.S.1913, § 8049; C.S.1922, § 8990; C.S.1929, § 20-1508; R.S.1943, § 25-1508.
In action on constable's bond, it is sufficient to assign the breach in the language of the statute. Adams v. Weisberger, 62 Neb. 325, 87 N.W. 16 (1901).
Officer who approves stay bond without requiring affidavits of signers, is liable for damage. Heater v. Pearce, 59 Neb. 583, 81 N.W. 615 (1900).