Mercer v. James
Nebraska Supreme Court
Error from the district court of York county. It was an action of replevin for a pair of mules, in which the defendant’s title was derived by purchase at a sale under execution issued upon two judgments in two actions tried before a justice of the peace, in which one Lock was plaintiff, and Wood and Button were defendants. Upon the trial below, before Gaslin, J., sitting in the district court for York county, and a jury, the court charged the jury as follows: “ Third.
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Error from the district court of York county. It was an action of replevin for a pair of mules, in which the defendant’s title was derived by purchase at a sale under execution issued upon two judgments in two actions tried before a justice of the peace, in which one Lock was plaintiff, and Wood and Button were defendants. Upon the trial below, before Gaslin, J., sitting in the district court for York county, and a jury, the court charged the jury as follows: “ Third. The defendant claims in his answer that the property at the time of the taking thereof, was his, having acquired title to the…
1Opinion of the Court
Lake, Ch. J.
This was an action in replevin to recover possession of a span of mules, and there are really but two questions presented for our consideration.
The first question relates to the admission of certain testimony bearing upon the question of ownership, wherein, if the court did not err, it will follow that the instruction complained of, although not of the most harmonious phraseology, yet, as probably understood and acted upon by the j ury, was substantially right.
*410It appears that after the plaintiff had introduced his testimony tending to prove ownership in himself, the defendant, to…
2Cited by9 opinions
- Stevens v. StateCourt of Criminal Appeals of Oklahoma · 1951
- Shreeder v. DavisWashington Supreme Court · 1906
- Barnes v. PlessnerMissouri Court of Appeals · 1909
- Bunz v. CorneliusNebraska Supreme Court · 1886
- Spaulding v. JohnsonNebraska Supreme Court · 1896
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