Templin v. Synder
Nebraska Supreme Court
Error to the district court for Seward county. Tried below before Post, J The action was commenced before John N. Edwards a justice of the peace, by Charles Synder against Christian Templin, et al., for damages sustained for the alleged wrongful conversion, by the said Templins, of certain goods and chattels, claimed to belong to said Synder.
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Error to the district court for Seward county. Tried below before Post, J The action was commenced before John N. Edwards a justice of the peace, by Charles Synder against Christian Templin, et al., for damages sustained for the alleged wrongful conversion, by the said Templins, of certain goods and chattels, claimed to belong to said Synder. October 2, 1876, the cause was tried to a jury, who returned a verdict for the Templins, and in whose favor the justice rendered a judgment accordingly. Synder immediately filed a motion to set aside the verdict on the alleged ground that the jury, after…
1Opinion of the Court
Lake, Ch. J.
There was no authority for the granting of the new trial in this case. As we had occasion to show in the case of Cox v. Tyler, decided at the present term, the jurisdiction of a justice of the peace in the granting of new trials is fixed by statute, and is confined to cases wherein, on motion, it is shown to his satisfaction “ that the verdict was obtained by fraud, partiality, or undue means.”
This case does not come within that rule, for no showing of that sort was even attempted. The action of the justice complained of was therefore wholly unauthorized, and the judgment finally…
2Cited by3 opinions
- State ex rel. Carter v. KingNebraska Supreme Court · 1888
- State ex rel. Galligher v. HolmesNebraska Supreme Court · 1893
- Glaze v. KeithNebraska Supreme Court · 1898