Fitzgerald v. Meyer

Irvine, C.

This is an action of replevin for a pair of mules, by the plaintiff in error against the defendant in error. The case has once before been in this court, and is reported in 25 Neb., 77, where a general statement of the case appears. A new trial in the district court resulted in a verdict in favor of the defendant.

One of the assignments of error is the refusal of the court to give certain instructions asked by the plaintiff, but the substance of these instructions was given by the court of its own motion and plaintiff in error in his brief does not urge this assignment.

Under the…