Nebraska Reports Volume 6

Nebraska Reports Volume 6

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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. 1884 edition. Excerpt: error brought action in the district court for divorce, upon the alleged ground of adultery committed by plaintiff in error with one James Pollard. The plaintiff in error admitted the marriage of the parties and that they cohabited together, and had no children, but she "denies each and every other allegation set forth in the petition." This is a general denial of the allegation of adultery, which is the only issuable fact raised by the pleadings. This issue was submitted to the consideration of a jury, who by their verdict find that the plaintiif is not guilty of adultery. The record shows that on the day of May, 1876, the defendant in error moved to set aside the verdict and for a new trial, which motion the court, after argument by counsel, overruled; that on the sixth day of Septem'ber, "the court find, notwithstanding said verdict, all the issues in favor of plaintiif" (now defendant in error), and rendered a decree of divorce a mlnculo matrimoni. The cause is brought into this court upon petition in error. The decree was, perhaps, rendered according to the principle upon which a judgment non obstante is entered in an action in law. A judgment non obstante veridicto is given upon motion when it appears to the court that the defendant in the cause has admitted himself to be in the wrong, and when the issue, though decided in 'his favor by the jury, is upon a point which does not at all better his case. Smith, Action, 161. It is therefore called a judgment upon confession, because it is bad in law, and being bad in law, the verdict which merely finds the issue true in point of fact, cannot avail the defendant, for the plea involves a confession of the plaintifi"s allegation and shows he is more

Product details

  • Paperback
  • 189 x 246 x 10mm | 340g
  • United States
  • English
  • black & white illustrations
  • 1236952359
  • 9781236952356