Kemp v. Strnad

ARNOLD, Justice.

Charles Strnad as executor of the estate of Emma Harbarth, deceased, filed two suits in the District Court of 'Custer County against Hermine Kemp to recover certain items of personal property allegedly delivered to Hermine Kemp by plaintiff’s deceased in trust. Two causes of action were set up in the first suit and four causes of action in the. second suit. The two cases were tried simultaneously to the same jury with separate instructions in each case and the jury rendered separate verdicts in each case. The two causes have been consolidated for briefing' here.

The first suit…