Homan v. Laboo
Nebraska Supreme Court
This was an action of replevin of a pair of mules, brought by Homan against Laboo and Ward, in the District Court for Otoe county. Laboo answered separately, alleging that he was the owner of the property. The cause ivas tried to a jury. The plaintiff was sworn on his own behalf, and testified that he was surety for Ward in a replevin suit pending before a justice of the peace, in Douglas county, and that Ward placed the mules in his possession as security.
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This was an action of replevin of a pair of mules, brought by Homan against Laboo and Ward, in the District Court for Otoe county. Laboo answered separately, alleging that he was the owner of the property. The cause ivas tried to a jury. The plaintiff was sworn on his own behalf, and testified that he was surety for Ward in a replevin suit pending before a justice of the peace, in Douglas county, and that Ward placed the mules in his possession as security. While they were there, Ward came to him and told him he had gotten one Jennings to take his place on the bond, and would get him, Homan,…
1Opinion of the CourtCrounse, J.
Upon the trial of this cause in the court below, the jury having been out awhile, returned into court and announced that they were unable to agree, because of differences among them upon questions of law as well as upon questions of fact. The judge, thereupon, gave them additional instructions, after which they returned a verdict. We see no error in this. The practice is quite usual. Jurors not unfrequently disagree in their recollections of testimony, or misapprehend the language and meaning of the judge’s charge, and there can be no impropriety, with the parties present, in having the court…
2Cited by9 opinions
- Aultman & Taylor Co. v. SteinanNebraska Supreme Court · 1879
- People's Furniture & Carpet Co. v. CrosbyNebraska Supreme Court · 1898
- Peters v. ParsonsNebraska Supreme Court · 1885
- Rodgers v. GrahamNebraska Supreme Court · 1893
- Lamping v. KeenanSupreme Court of Colorado · 1886
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