Losure v. Miller
This text of 63 N.W. 863 (Losure v. Miller) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action to recover damages for an alleged malicious prosecution. There was a trial to the court, a jury being waived, with findings and judgment for the plaintiff. The defendant prosecutes a petition in error to this court.
But a single proposition is discussed in the briefs, and that is the evidence in the case is insufficient to sustain the findings and judgment; and this question cannot be considered by this court, for the reason the record fails to disclose that a ruling of the trial court was made upon the motion for a new trial. (Hull v. Miller, 6 Neb., 128; Smith v. Spaulding, 34 Neb., 128; Scroggin v. National Lumber Co., 41 Neb., 195.) The judgment is
Affirmed.
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Cite This Page — Counsel Stack
63 N.W. 863, 45 Neb. 465, 1895 Neb. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/losure-v-miller-neb-1895.