Frey v. Drahos
Nebraska Supreme Court
This was a petition in error to reverse a judgment of the district court for Ouming county. The case came before this court in 1877, and is reported 6 Neb., 1. At the adjourned November term, 1877, of the district court of Cuming county, held January, 1878, the case was again tried. A jury being waived, a trial was had to the court, and a special finding of the facts and the law made.
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This was a petition in error to reverse a judgment of the district court for Ouming county. The case came before this court in 1877, and is reported 6 Neb., 1. At the adjourned November term, 1877, of the district court of Cuming county, held January, 1878, the case was again tried. A jury being waived, a trial was had to the court, and a special finding of the facts and the law made. After finding that the plaintiff in replevin had no interest in the property, and was not entitled to the possession of the same, but that the defendant was entitled to the possession by virtue of a levy thereon…
1Opinion of the CourtLake, J.
It should not be forgotten that every presumption must be in favor of the correctness of the judgment of the court below. It is only “ for errors appearing on the record ” that the judgment of a district court, can be properly reversed. Code of Civil Procedure, Sec. 582. As to all questions of fact they must stand as found by the court below, there being no evidence before us, nor any foundation laid for their review. The only questions, therefore, which we can consider concern the judgment pronounced upon the facts as found.
The substance of the findings of fact is: First, That the defendant…
2Cases cited5 opinions
- White v. WebbSupreme Court of Connecticut · 1842
- Hall v. JennessSupreme Court of Kansas · 1870
- Garrett v. WoodSupreme Court of Kansas · 1865
- Barney v. DouglassWisconsin Supreme Court · 1868
- Buck v. . RemsenNew York Court of Appeals · 1866
3Cited by6 opinions
- W. B. Moses & Sons v. LockwoodDistrict Court, District of Columbia · 1924
- Edney v. BaumNebraska Supreme Court · 1903
- Doon v. AdcockNebraska Supreme Court · 1934
- Frey v. DrahosNebraska Supreme Court · 1880
- Kersenbrock v. MartinNebraska Supreme Court · 1882
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