Legal Opinion

Search v. Miller

Nebraska Supreme Court

Decided July 15, 1879PublishedCited by 13 opinions

Error, to York county district court. Tried before Post, J. The case is stated in the opinion. 1. The verdict does not comprehend the whole issue, and should have been set aside. Warner v. Hunt, 30 Wis., 200. Appleton v. Barrett, 22 Wis., 568. Child v. Child, 13 Wis., 17. Smith v. Phelps, 7 Wis., 211. Handy v. Levin, 5 Ohio, 228, 239, 259. Boynton v. Page, 13 Wend., 425. Bemus v. Beekman, 3 Wend., 667, 672, 674. Black v. Winterstein, 6 Neb., 224. School District No. 2.v.

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Error, to York county district court. Tried before Post, J. The case is stated in the opinion. 1. The verdict does not comprehend the whole issue, and should have been set aside. Warner v. Hunt, 30 Wis., 200. Appleton v. Barrett, 22 Wis., 568. Child v. Child, 13 Wis., 17. Smith v. Phelps, 7 Wis., 211. Handy v. Levin, 5 Ohio, 228, 239, 259. Boynton v. Page, 13 Wend., 425. Bemus v. Beekman, 3 Wend., 667, 672, 674. Black v. Winterstein, 6 Neb., 224. School District No. 2.v. Shoemaker, 5 Neb., 36. 2. The court was correct in its instructions to the jury concerning the consideration of the note.…

1Opinion of the Court

Maxwell, Ch. J.

The plaintiff instituted an action of replevin before a justice of the peace to recover the possession of a certain wagon, and judgment was rendered in his favor. The defendant appealed to the district court, and on the trial of the cause the jury returned a verdict in his favor, upon which judgment was rendered. The plaintiff brings the cause into this court by petition in error.

The verdict is as follows:

case, do find and say, that at the commencement of this suit said defendant did not unlawfully detain said goods and chattels described in said plaintiff’s petition, and that…

2Cases cited1 opinion

  1. Black v. WintersteinNebraska Supreme Court · 1877

3Cited by13 opinions

  1. Gordon v. LittleNebraska Supreme Court · 1894
  2. Altschuler v. CoburnNebraska Supreme Court · 1894
  3. Hudson v. MoonUtah Supreme Court · 1913
  4. First State Bank v. RadkeNorth Dakota Supreme Court · 1924
  5. Kramer v. WeigandNebraska Supreme Court · 1912

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