Central Consolidated Mines Corp. v. Mills
Central Consolidated Mines Corp. v. Mills
Opinion of the Court
delivered the opinion of the court:
Six separate and distinct causes of action are alleged in the complaint. Judgment was in favor of plaintiff upon each of the first four, and against him as to the fifth and sixth causes. Defendant concedes that the judgment under the first three is right, and the only errors which he assigns or argues are directed to that rendered under the fourth cause of action. That cause was based upon the alleged conversion by defendant of a number of articles of personal property, aggregating in value about two hundred dollars, for which amount judgment was asked. The jury, however, gave judgment only for $62.00. The first objection urged to such judgment is that the court, in the presence of the jury, improperly expressed its opinion as to what constitutes a hoisting plant, which defendant says was one of the things which it was charged with having converted. In the ■fragmentary state- of the record, we do not know
The defendant further objects to the second instruction given by the court in which, defendant says, the jury were told that defendant admitted, in its answer, that it had rented an engine, boiler, and cable from plaintiff, whereas, defendant says, it denied in the answer that it had rented any cable from plaintiff. Defendant evidently has misread the record. The second instruction in which the court told the- jury that defendant admitted that it had rented certain property from the plaintiff was with reference to the third cause of action under which defendant admits that it confessed judgment; and the instruction had no reference to the fourth cause of action, of the judgment on which only does defendant complain upon this review. An examina
Neither of these objections which the defendant urges is tenable, and no prejudicial error has been shown.
The judgment is affirmed. Affirmed.
Reference
- Full Case Name
- The Central Consolidated Mines Corporation v. Mills
- Status
- Published