Nebraska Reports Volume 29

Nebraska Reports Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...record discloses that only part of the testimony that was submitted to the jury is before us, we are unable to determine whether or not the verdict is clearly against the weight of the evidence. It appears from page 30 of the bill of exceptions that a certain book in the handwriting of Mr. Stump, marked exhibit "H," was introduced and read to the jury, yet it is not included in the bill of exceptions. This omission plainly appearing on the face of the bill overcomes the certificate of the trial judge attached to the bill of exceptions, to the efi'ect that it contains all the evidence introduced. P. R. Co. v. Hays, 15 Neb., 231.) M. Straus, a witness called by the defendant, testified, without objection that over two-thirds of the goods attached were those sold by Lederer, Straus & Co, to Mr. Stump. After this testimony was received the plaintilf moved that it be striken out as incompetent and immaterial. The motion was overrnled and an exception was taken. The evidence was certainly competent as tending to prove that the husband was the owner. Moreover, when testimony is received without objection, the question of it-8 competency is waived, and will not afterwards be eliminated from the records for that reason. (Palmer v. W'itcherly, 15 Neb., 98.) Error is assigned upon the giving of the twelfth and thirteenth paragraphs of the instructions. Oberfelder v. Ksvunaugh. i "12. Personal property in possession of a married woman living with her husband is by law presumed to be the property of her husband, particularly where it is shown that he exercised acts indicating ownership thereof with her knowledge and consent. To overcome this presumption the plaintiifs, or others claiming under her, must show affirmatively that...
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Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • United States
  • English
  • black & white illustrations
  • 1236754123
  • 9781236754127