Leighton v. Stuart
Nebraska Supreme Court
Error to the district court of Lancaster county. Tried below before Pound, J. The question here was, had the plaintiffs below a special property as the mortgagee of Zeruah C. House ? Rogers v. Arnold, 12 Wend., 30, 35. If the issue as to the property of the plaintiff is either not found at all, or is found for the defendant, the plaintiff cannot have judgment. 2 G-r.
Read the full summary
Error to the district court of Lancaster county. Tried below before Pound, J. The question here was, had the plaintiffs below a special property as the mortgagee of Zeruah C. House ? Rogers v. Arnold, 12 Wend., 30, 35. If the issue as to the property of the plaintiff is either not found at all, or is found for the defendant, the plaintiff cannot have judgment. 2 G-r. Ev., sec. 563. Bemus v. Beckman, 3 Wend., 667, 672. Rogers v. Arnold, 12 Wend., 30, 34. Plaintiff must recover on the strength and validity of his own title and right to possession. Kennedy v. Shaw, 38 Ind., 474. (See opinion for…
1Opinion of the CourtCobb, J.
Plaintiffs in error admit that they have failed to assign errors in the admission or rejection of testimony at the trial, either in their motion for a new trial or their petition in error, so as to render any such érrors available in this court. Our field of inquiry is thus narrowed down to the two questions, was there sufficient testimony before the court, either rightfully or wrongfully so, to sustain the findings of fact, and do such facts sustain the judgment? In examining this question let us first see what are the issues in this case. In her petition the plaintiff below sets out but two…
2Cases cited1 opinion
- Sutro v. HoileNebraska Supreme Court · 1873
3Cited by1 opinion
- Stuart v. AlexanderNebraska Supreme Court · 1883