Poska v. Stearns

• Decision Date: 08 November 1900
• Citation: 60 Neb. 708,84 N.W. 80
• Parties: POSKA ET AL. v. STEARNS ET AL.
• Court: Nebraska Supreme Court

60 Neb. 708

84 N.W. 80

POSKA ET AL.

v.STEARNS ET AL.

Supreme Court of Nebraska.

Nov. 8, 1900.

Syllabus by the Court.

Assignments of error in a joint petition in error, not good as to all who join in the petition, must be overruled as to all.

Error to district court, Lancaster county; Cornish, Judge.

Action by Edgar G. Stearns and others against Louis Poska and others. Judgment for plaintiffs. Defendants bring error. Affirmed.Sawyer & Snell, for plaintiffs in error.

Stewart & Munger, for defendants in error.

SULLIVAN, J.

This action was brought by Edgar G. Stearns, a wholesale merchant of Chicago, against Louis Poska and others, to recover possession of certain goods which the plaintiff claims were sold by him to L. Berkson, one of the defendants, on the faith of representations made by Berkson to a mercantile agency, and which proved to be false. At the conclusion of the oral argument we were all disposed to think that no material error had been committed at the trial, and that the decision of the district court would have to be approved. A critical examination of the record has not only confirmed our first impression, but has convinced us that the judgment must, for technical reasons, be affirmed. L. Berkson filed no answer to the petition, and is therefore not entitled to a reversal of the judgment on account of errors occurring at the trial. No other errors are alleged, and, the defendants having all joined in the petition in error, the several assignmentsmust be overruled; not only as to L. Berkson, but also as to others who have cast in their lot with him. Gordon v. Little, 41 Neb. 250, 59 N. W. 783;Levy v. Bank, 57 Neb. 312, 77 N. W. 769;Moseman v. State, 59 Neb. 629, 81 N. W. 853;Bank v. Hand, 59 Neb. 273, 80 N. W. 908. The judgment is affirmed.