Matthewson v. Burr
Nebraska Supreme Court
Error from tbe district court of Lancaster county. Burr, tbe defendant in error, brought suit for tbe foreclosure of a mortgage, executed by plaintiffs in error, November 1, 1871, to W. F. Cbapin upon certain real estate to secure a note of J. W. Matthewson for $250, due sixty days from date. The petition alleged the loss of the note and the assignment of the debt and mortgage to Burr.
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Error from tbe district court of Lancaster county. Burr, tbe defendant in error, brought suit for tbe foreclosure of a mortgage, executed by plaintiffs in error, November 1, 1871, to W. F. Cbapin upon certain real estate to secure a note of J. W. Matthewson for $250, due sixty days from date. The petition alleged the loss of the note and the assignment of the debt and mortgage to Burr. Matthewson and wife pleaded payment of the note in full to Chapin, the payee, in March, 1872, and denied the assignment to and ownership of plaintiff of the cause of action. There was a trial before Pound, J.,…
1Opinion of the Court
Lake, Ch. J.
I. The first of the several errors alleged in the assignment to which I will direct my attention is that which charges the verdict to be against the weight of the evidence. And the well-established rule by which we must be governed in the determination of this question is, that the evidence must be palpably insufficient to sustain the verdict or it will not be disturbed. It is not enough that the court would have found differently, but the finding of the jury must be clearly wrong. Seymour v. Street, 5 Neb., 85. The A. & N. R. R. Co., v. Washburn, et al., Id. 117. With this rule…
2Cases cited2 opinions
- State v. LeeSupreme Court of Minnesota · 1876
- Seymour v. StreetNebraska Supreme Court · 1876
3Cited by9 opinions
- Romberg v. HughesNebraska Supreme Court · 1886
- State Ex Rel. Seeburger v. PickettSupreme Court of Iowa · 1926
- Lee v. StateNebraska Supreme Court · 1946
- Hyndshaw v. MillsNebraska Supreme Court · 1922
- Fisk v. StateNebraska Supreme Court · 1879
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