Legal Opinion

Sheibley v. Nelson

Nebraska Supreme Court

Decided May 7, 1909No. 15,364PublishedCited by 10 opinions

Appeal from, the district court for Cedar county: Anson A. Welch, Judge.

1Opinion of the Court

Root, C.

The pleadings in this case are referred to at length in an opinion of Mr. Commissioner Duffie on a former appeal to this court, 75 Neb. 804. Upon the second trial a jury found for defendant, and plaintiff again appeals.

1. In its fourth instruction the court informed the jury “that the burden of proof is on the plaintiff to prove by a preponderance of the evidence all the allegations of his petition which are not admitted by the answer”; and in its second instruction told them that the answer admitted the publication, but denied that it was published “falsely, wickedly or maliciously…

2Cases cited15 opinions

  1. Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
  2. Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894
  3. State ex rel. Race v. CranneyWashington Supreme Court · 1902
  4. Lindquist v. DicksonSupreme Court of Minnesota · 1906
  5. Prewitt v. WilsonSupreme Court of Iowa · 1905

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3Cited by10 opinions

  1. McCune v. NeitzelNebraska Supreme Court · 1990
  2. Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
  3. Ideal Bakery v. SchryverWyoming Supreme Court · 1931
  4. Dafoe ex rel. Dafoe v. GrantskiNebraska Supreme Court · 1943
  5. Combs v. Owens Motor Co.Nebraska Supreme Court · 1931

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