Uhl v. Robison
Nebraska Supreme Court
Tbis case came up from Richardson county. It was an action of replevin brought by the plaintiff in error against the defendants in error, for the recovery of a threshing machine which had been purchased by Uhl at execution sale. The case came before this court at the October term, 1877, on exceptions by Robison and Maus, to the refusal of the district court to give certain instructions to the jury on the trial there.
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Tbis case came up from Richardson county. It was an action of replevin brought by the plaintiff in error against the defendants in error, for the recovery of a threshing machine which had been purchased by Uhl at execution sale. The case came before this court at the October term, 1877, on exceptions by Robison and Maus, to the refusal of the district court to give certain instructions to the jury on the trial there. The judgment was reversed and cause remanded, the case being reported in 6 Neb., 328. Upon the second trial below Uhl requested the court to give the following instructions to…
1Opinion of the CourtLake, J.
We shall consider only those questions noticed by the plaintiff in err.or in his-brief.
The first and. second points relied on relate to the exclusion of certain evidence from the jury. Owing, however, to the fact that these matters were not properly presented to the court below in the motion for a new trial, no foundation was laid for their review here. Referring to the motion for a new trial we find the assignment to have been “Because the court erred in excluding proper evidence from the jury, offered by the defendant, to which ruling of the court the defendant at the time excepted.” Such…
2Cases cited2 opinions
- Robison v. UhlNebraska Supreme Court · 1877
- Lake v. MorrisSupreme Court of Connecticut · 1861
3Cited by1 opinion
- Rickards v. CunninghamNebraska Supreme Court · 1880