Turner v. O'Brien
Nebraska Supreme Court
Error to the district court of Dodge county. It was an action by Turner against O’Brien to recover damages for causing the said Turner to be arrested and imprisoned on a charge of grand larceny.
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Error to the district court of Dodge county. It was an action by Turner against O’Brien to recover damages for causing the said Turner to be arrested and imprisoned on a charge of grand larceny. The defendant alleged in justification- that he was the owner of grain purchased at sheriff’s sale, and that plaintiff knowing this, took a portion - thereof, threshed, and hauled it away, and that defendant upon advice of a competent attorney caused the arrest and* imprisonment of plaintiff. It appeared in evidence that after O’Brien had purchased the grain and commenced its threshing, he was stopped…
1Opinion of the CourtCobb, J.
The plaintiff in error presents eight points in his petition in error.
“1. That the court erred in excluding from the jury, as evidence for the plaintiff, the injunction bond *110given by James D. Brown in tbe suit of said Brown against defendant O’Brien et al.”
I cannot conceive how tbe injunction bond could bave properly been admitted as evidence in tbe case. Tbe grain having been taken away by Turner, who acted for Brown and under bis employment, Brown, and probably Turner also, was liable to O’Brien for its value in case he was successful in the suit in equity which was brought to test tbe…
2Cases cited1 opinion
- Turner v. O'BrienNebraska Supreme Court · 1877
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