Losure v. Miller

Nebraska Supreme Court

Losure v. Miller

63 N.W. 863, 45 Neb. 465, 1895 Neb. LEXIS 236

Nebraska Supreme Court·Decided June 19, 1895·No. No. 6137·Published·Cited by 5 cases

Opinion

Norval, C. J.

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Norval, C. J.

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.

Losure v. Miller, 63 N.W. 863, 45 Neb. 465, 1895 Neb. LEXIS 236 (Neb. 1895).

Pincite

63 N.W. 863 (Losure v. Miller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related