Wiseman v. Schaffer

SUBSTITUTE OPINION

The Court’s prior opinion dated December 80, 1988, is hereby withdrawn.

SWANSTROM, Judge.

Larry and Freda Wiseman sued David Schaffer, alleging that he committed a tort when, without authorization, he towed their pickup to a location where it ultimately was stolen. A jury in the magistrate division found for Schaffer and a judgment dismissing the Wisemans’ action was entered. The judgment was affirmed on the Wise-mans’ appeal to the district court. Appealing further, the Wisemans contend (1) that the magistrate abused his discretion by permitting two witnesses, who were not…