Packer v. Snyder, Malone, Coffman Co.

I am unable to agree with the majority opinion. The action was one in conversion, the ownership of the cattle being a material issue. The change in parties plaintiff after the appeal was lodged in the district court must of necessity change the issues and require other and different evidence to sustain them. The applicable rule is stated in Sturgeon v. Wilson, 107 Neb. 109, 185 N. W. 270, wherein the court said: “When an appeal is taken from municipal court to district court, the case is to be tried in appellate court upon the issues that were presented in the court from which the appeal is…