Barton v. Shull
Nebraska Supreme Court
Error from the district court for Saline county. Tried below before Stubbs, J. It is the duty of the jury in all cases to follow the instructions given them in charge by the court.
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Error from the district court for Saline county. Tried below before Stubbs, J. It is the duty of the jury in all cases to follow the instructions given them in charge by the court. Jewett v. Smart, 11 la., 505 [also Nebr. cases cited in opinion]. Any other ruling would submit parties to the injustice of having their evidence and facts shaped to one view of the law by the trial court and then decided upon another without any opportunity to submit the facts and evidence bearing upon that view. Mattheioson v. Ban-,6 Nebr.,312; Ooolc v. Pichrel, 20 Nebr., 133; Missouri P. R. Co. v. Classify, 14…
1Opinion of the CourtHolcomb, J.
The plaintiffs in error, also plaintiffs below, began an action against the defendant, Henry B.' Shull, as coroner, and the sureties on his official bond, for having negligently' approved an insufficient undertaking in replevin in an ac-*572lion begun against John Barton as sheriff. The sheriff, defendant in the replevin action, had attached a certain stock of drugs and other merchandise kept therewith at the instance of the other plaintiffs in this action, who were creditors of a certain firm or copartnership doing business under the firm name and style of Foster & Ayres. The property was…
2Cases cited1 opinion
- Harrow v. RyanSupreme Court of Iowa · 1870
3Cited by3 opinions
- Lynch v. Snead Architectural Iron WorksCourt of Appeals of Kentucky · 1909
- Barton v. ShullNebraska Supreme Court · 1903
- Horse Shoe Lake Drainage District v. Fred M. Crane Co.Nebraska Supreme Court · 1924