Warner v. Sohn, No. 15,851.

CourtSupreme Court of Nebraska
Writing for the CourtROSE
Citation85 Neb. 571,123 N.W. 1054
PartiesWARNER v. SOHN ET AL.
Docket NumberNo. 15,851.
Decision Date14 December 1909

85 Neb. 571
123 N.W. 1054

WARNER
v.
SOHN ET AL.

No. 15,851.d1

Supreme Court of Nebraska.

Dec. 14, 1909.



Syllabus by the Court.

Assignments of error, when based alone on the giving of a peremptory instruction to which there was no exception, may be disregarded on appeal.

Where the jury in obedience to a peremptory instruction returns a verdict for defendant in an action of replevin, and fixes the damages for detention of the property, error in assessing the amount, to be available on appeal, should be specifically assigned in the motion for a new trial.


Appeal from District Court, Furnas County; Orr, Judge.

Action by Joseph Warner against Ephraim Sohn and others. Judgment for defendants, and plaintiff appeals. Affirmed.

Reese, C. J., dissenting.

[123 N.W. 1054]

Perry & Lambe, for appellant.

Morlan, Ritchie & Wolff, for appellees.


ROSE, J.

The parties are disputing about the value, ownership, and possession of three stacks of rye valued by the jury at $45. July 11, 1902, the stacks were standing on the Hall land west of and near Arapahoe. Plaintiff insists he was a tenant, that he sowed the rye field the fall before, and that he was entitled to two-thirds of the crop. Defendants contend that they were the owners of the land, and that plaintiff was a trespasser without any right to a share of the crop or to its possession. When the rye was ripe, plaintiff went on the premises with the owner of a harvester to perform the duties of a husbandman, but withdrew after having been knocked down by defendant Ephriam Sohn who asserts he thereafter directed the harvesting. When the rye was in stack, plaintiff replevied it. Defendants' answer to the petition in replevin consisted of a general denial and a prayer for judgment, for a return of the property or for its value, if a return could not be had, and for damages for wrongful detention. Witnesses testified on both sides of the case at the trial in the district court. In obedience to a peremptory instruction at the close of the testimony, the jury rendered a verdict for defendants. The value of the property was assessed at $45, and defendants' damages by reason of the detention were fixed at $17.85. From a judgment on the verdict, plaintiff appeals.

Plaintiff argues that by his proofs he made a prima facie case showing his right to crop the land, to a division of the rye and to possession thereof, and that therefore there was error in directing a verdict against him. Defendants suggest in their brief, however,...

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3 practice notes
  • Warner v. Sohn, No. 15,851.
    • United States
    • Supreme Court of Nebraska
    • April 9, 1910
    ...Orr, Judge. Action by Joseph Warner against Ephraim Sohn and others. Judgment for defendants, and plaintiff appeals. Affirmed. See, also, 85 Neb. 571, 123 N. W. 1054. Reese, C. J., dissenting. [125 N.W. 1072]Perry & Lambe, for appellant.Morlan, Ritchie & Wolff, for appellees.ROSE, J. Plaint......
  • Barnum v. Chamberlain Land & Loan Co., No. 3501.
    • United States
    • Supreme Court of South Dakota
    • June 1, 1914
    ...cases: Peterson v. Siglinger, 3 S. D. 255, 52 N. W. 1062;Beckwith v. Dierks Lumber & Coal Co., 75 Neb. 349, 106 N. W. 442;Warner v. Sohn, 85 Neb. 571, 123 N. W. 1054;De Lendrecie v. Peck, 1 N. D. 422, 48 N. W. 342;McNab v. Northern P. R. Co., 12 N. D. 568, 98 N. W. 353;Kephart v. Continenta......
  • Bailey v. Security Ins. Co.
    • United States
    • Supreme Court of Oregon
    • March 15, 1921
    ...v. Siglinger, 3 S. D. 255, [100 Or. 170] 52 N.W. 1062; Beckwith v. Dierks Lumber, etc., Co., 75 Neb. 349, 106 N.W. 442; Warner v. Sohn, 85 Neb. 571, 123 N.W. 1054; De Lendrecie v. Peck, 1 N. D. 422, 48 N.W. 342; McNab v. Northern P. R. Co., 12 N.D. 568, 98 N.W. 353; Kephart v. Continental C......
3 cases
  • Warner v. Sohn, No. 15,851.
    • United States
    • Supreme Court of Nebraska
    • April 9, 1910
    ...Orr, Judge. Action by Joseph Warner against Ephraim Sohn and others. Judgment for defendants, and plaintiff appeals. Affirmed. See, also, 85 Neb. 571, 123 N. W. 1054. Reese, C. J., dissenting. [125 N.W. 1072]Perry & Lambe, for appellant.Morlan, Ritchie & Wolff, for appellees.ROSE, J......
  • Bailey v. Security Ins. Co.
    • United States
    • Supreme Court of Oregon
    • March 15, 1921
    ...v. Siglinger, 3 S. D. 255, [100 Or. 170] 52 N.W. 1062; Beckwith v. Dierks Lumber, etc., Co., 75 Neb. 349, 106 N.W. 442; Warner v. Sohn, 85 Neb. 571, 123 N.W. 1054; De Lendrecie v. Peck, 1 N. D. 422, 48 N.W. 342; McNab v. Northern P. R. Co., 12 N.D. 568, 98 N.W. 353; Kephart v. Continental C......
  • Barnum v. Chamberlain Land & Loan Co., No. 3501.
    • United States
    • Supreme Court of South Dakota
    • June 1, 1914
    ...Peterson v. Siglinger, 3 S. D. 255, 52 N. W. 1062;Beckwith v. Dierks Lumber & Coal Co., 75 Neb. 349, 106 N. W. 442;Warner v. Sohn, 85 Neb. 571, 123 N. W. 1054;De Lendrecie v. Peck, 1 N. D. 422, 48 N. W. 342;McNab v. Northern P. R. Co., 12 N. D. 568, 98 N. W. 353;Kephart v. Continental C......

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