Nebraska Supreme Court, 1895

Losure v. Miller

Losure v. Miller
Nebraska Supreme Court · Decided June 19, 1895 · Norval
45 Neb. 465; 63 N.W. 863; 1895 Neb. LEXIS 236
Losure v. Miller

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

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.

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