Losure v. Miller

• Decision Date: 19 June 1895
• Citation: 45 Neb. 465,63 N.W. 863
• Parties: LOSURE v. MILLER.
• Court: Nebraska Supreme Court

45 Neb. 465

63 N.W. 863

LOSURE

v.MILLER.

Supreme Court of Nebraska.

June 19, 1895.

Syllabus by the Court.

An objection that the findings and judgment are not sustained by the evidence will not be considered by this court, where the record does not disclose that a motion for a new trial, setting up that ground, was presented to the trial court, and a ruling obtained on the motion.

Error to district court, Knox county; Allen, Judge.

Action by Jacob M. Miller against Wilson Losure. There was a judgment for plaintiff, and defendant brings error. Affirmed.O. W. Rice and W. L. Henderson, for plaintiff in error.

J. H. Berryman, for defendant in error.

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 that 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 that the record fails to disclose that any ruling of the trial court was ever had upon the motion for a new trial. Hull v. Miller, 6 Neb. 128; Smith v. Spaulding, 34 Neb. 128, 51 N. W. 469;Scroggin v. Lumber Co., 41 Neb. 195, 59 N. W. 548. The judgment is affirmed.