Altschuler v. Coburn
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Doane, J. The court erred in giving the following instruction: “The burden of proof in this ease is on the plaintiff to show by a preponderance of the testimony her right to the possession of the property in controversy at the commencement of this suit; and unless she has satisfied you, by a fair preponderance of the testimony, of her right to such possession, she cannot recover in this action.”
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Error from the district court of Douglas county. Tried below before Doane, J. The court erred in giving the following instruction: “The burden of proof in this ease is on the plaintiff to show by a preponderance of the testimony her right to the possession of the property in controversy at the commencement of this suit; and unless she has satisfied you, by a fair preponderance of the testimony, of her right to such possession, she cannot recover in this action.” It requires the plaintiff to produce before the jury a greater degree of evidence than required by law. (Search v. Miller, 9 Neb.,…
1Opinion of the CourtPost, J.
This was an action of replevin in the district court of Douglas county in which the plaintiff in error, Marguerite Altschuler, sought to recover certain personal property, which is thus described : “All the goods and chattels now being contained in the two-story building known as 'No. 623 North Sixteenth Street,’ in the city of Omaha, and all ■ the fixtures and other personal property connected with the saloon in said building contained, of the value of $5,000.” A trial resulted in a verdict and judgment for the defendant below, whereupon the case was removed to this court by petition in…
2Cases cited4 opinions
- Anderson v. WalterMichigan Supreme Court · 1876
- Search v. MillerNebraska Supreme Court · 1879
- Marx & Kempner v. KilpatrickNebraska Supreme Court · 1888
- Dunbar v. BriggsNebraska Supreme Court · 1885
3Cited by13 opinions
- Loretto v. United StatesDistrict Court, E.D. Pennsylvania · 1977
- Bonnett v. VallierWisconsin Supreme Court · 1908
- Fulmer v. JensenNebraska Supreme Court · 1986
- Gleason v. GleasonNebraska Supreme Court · 1984
- Day-Luellwitz Lumber Co. v. SerrellAppellate Court of Illinois · 1913
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