Bank of Miller v. Richmon

Hastings, O.

The judgment for plaintiff below in this case was reversed. 64 Neb. 111. The case has been reexamined principally upon the fifth ground urged, namely, the claim that the question of probable cause was submitted to the jury by the plaintiffs in error in asking for special findings, and that consequently defendants are in no position to claim error because Instruction 7 submitted this question of law to the jury, We will examine, seriatim, the five grounds for rehearing.

The first is that the legal effect of the portion of instruction 7, which was excepted to by plaintiffs in error,…