Brown v. O'Brien
Nebraska Supreme Court
Appeal from Dodge county. The facts are as follows: On the fifth day of April, 1871, James D. Brown, plaintiff, and Thomas M. Boyer, one of the defendants, entered into a written contract, under which the former furnished the latter a herd of cattle consisting of cows and young stock, estimated at an agreed price of thirteen hundred and sixty-five dollars.
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Appeal from Dodge county. The facts are as follows: On the fifth day of April, 1871, James D. Brown, plaintiff, and Thomas M. Boyer, one of the defendants, entered into a written contract, under which the former furnished the latter a herd of cattle consisting of cows and young stock, estimated at an agreed price of thirteen hundred and sixty-five dollars. Boyer agreed to take good care of the herd for three years from the first day of April, 1871. Boyer also agreed to make what butter he could by good management, to raise all the calves and to increase the herd as fast as possible. Boyer was…
1Opinion of the Court
Lake, Ch. J.
In tlie court below, all the issues in this case, both of fact and law, were referred to and tried before a referee, whose report was confirmed and the case dismissed. Several exceptions having been taken by the plaintiff to the referee’s report, and overruled by the court, the main question for our determination is, were these exceptions well taken?
As to all the questions of fact, submitted to the referee, his report thereupon must have the same effect and be treated in all respects as the verdict of a jury. Civil Code, See. 300. The court has no right to set it aside unless it…
2Cases cited1 opinion
- Green v. BrownNew York Supreme Court · 1848
3Cited by7 opinions
- Becher v. BecherNebraska Supreme Court · 2018
- Green v. WhaleySupreme Court of Missouri · 1917
- School District Number One v. BishopNebraska Supreme Court · 1896
- Larkin v. Ethicon, Inc.Nebraska Supreme Court · 1996
- Diversified Fruit Farms, Inc. v. JohnsonTexas Commission of Appeals · 1933
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