Tomer v. Densmore
Nebraska Supreme Court
Error, from Stanton county district court, .the facts appearing in the opinion. It is a good cause for granting a new trial that the party has been surprised by evidence. Sandford Manuf Co. v. Higgins, 14 N. H., 441. When a party or his counsel is taken by surprise on a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted.
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Error, from Stanton county district court, .the facts appearing in the opinion. It is a good cause for granting a new trial that the party has been surprised by evidence. Sandford Manuf Co. v. Higgins, 14 N. H., 441. When a party or his counsel is taken by surprise on a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted. Door v. Watson, 28 Miss., 383. Patterson v. My, 19 Cal., 28. Motions for a new trial on the ground of surprise are addressed to…
1Opinion of the Court
Maxwell, Ch. J.
In October, 1877, tbe defendant in error commenced an action in tbe district court of Stanton county against tbe plaintiff herein, to recover damages for tbe wrongful conversion of certain goods alleged to bave been owned by tbe defendant in error. Tbe plaintiff in error answered tbe petition of tbe defendant in error denying that be (tbe defendant in error) was tbe ■owner of said goods; and alleging that said goods came into bis possession as assignee in bankruptcy, in the matter of Densmore & Hepper, bankrupts.
On the trial of tbe cause tbe jury returned a verdict in favor of…
2Cases cited11 opinions
- Palmer v. PeopleNebraska Supreme Court · 1875
- Rector v. RottonNebraska Supreme Court · 1874
- Fox v. MeachamNebraska Supreme Court · 1877
- Midland Pacific Railroad v. McCartneyNebraska Supreme Court · 1871
- Gibson v. ArnoldNebraska Supreme Court · 1876
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3Cited by18 opinions
- Greenberg v. Fireman's Fund InsuranceNebraska Supreme Court · 1949
- State v. ChapmanSupreme Court of Connecticut · 1925
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Hiatt v. KinkaidNebraska Supreme Court · 1894
- Blair v. StateNebraska Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.