Hooker v. Hammill
Nebraska Supreme Court
Error to the district court for Saline county. Tried below before Weaver, J. The facts appear in the opinion. The main point in the case seems to be as to the verdict and the judgment rendered thereon. The plaintiff offered at the trial of the cause below to prove that the property could be returned to defendants, and that the same was ready to be delivered to defendants on an order of the court.
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Error to the district court for Saline county. Tried below before Weaver, J. The facts appear in the opinion. The main point in the case seems to be as to the verdict and the judgment rendered thereon. The plaintiff offered at the trial of the cause below to prove that the property could be returned to defendants, and that the same was ready to be delivered to defendants on an order of the court. This evidence the court excluded and charged the jury as asked by the defendants in their second instruction. This is clearly erroneous, because General Statutes of Nebraska,, section 9, page 713,…
1Opinion of the CourtMaxwell, J.
In August, 1875, the plaintiff commenced an action of replevin before a justice of the peace, against the defendant, to recover the possession of a threshing machine. The property was appraised at $350, and the justice thereupon certified the cause to the district court. The case was tried in December, 1876, andaveid.et rendered in favor of the defendant for the sum of $277.08, upon which judgment was rendered. The case is brought into this court by petition in error.
I. On the trial of the cause the plaintiff offered in evidence a chattel mortgage, which was excluded because not properly…
2Cases cited2 opinions
- Brizsee v. MaybeeNew York Supreme Court · 1839
- James v. Commissioners of Lincoln CountyNebraska Supreme Court · 1876
3Cited by14 opinions
- Manker v. SineNebraska Supreme Court · 1892
- Becker v. AndersonNebraska Supreme Court · 1881
- Foss v. MarrNebraska Supreme Court · 1894
- Keeling v. HoytNebraska Supreme Court · 1891
- Field v. LumbardNebraska Supreme Court · 1898
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