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6 Neb. 491

Templin v. Synder

Nebraska Supreme Court

Decided October 15, 1877

Nebraska Supreme Court · decided 1877-10-15

Tried below before Post, J The action was commenced before John N. Edwards a justice of the peace, by Charles Synder against Christian Templin, et al., for damages sustained for the alleged wrongful conversion, by the said Templins, of certain goods and chattels, claimed to belong to said Synder. October 2, 1876, the cause was tried to a jury, who returned a verdict for the Templins, and in whose favor the justice rendered a judgment accordingly.

Cited by 1 later decisions — most recently June 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-10-15

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Lake, Ch. J.

¶1There was no authority for the granting of the new trial in this case. As we had occasion to show in the case of Cox v. Tyler, decided at the present term, the jurisdiction of a justice of the peace in the granting of new trials is fixed by statute, and is confined to cases wherein, on motion, it is shown to his satisfaction “ that the verdict was obtained by fraud, partiality, or undue means.”

¶2This case does not come within that rule, for no showing of that sort was even attempted. The action of the justice complained of was therefore wholly unauthorized, and the judgment finally rendered erroneous. Eor these reasons the judgments of both the district court and the justice of the peace are reversed, and the cause remanded to the last named court, with instruction to enter *493judgment on the original verdict, on motion of the plaintiffs in error, and notice to the adverse party or his attorney.

¶3Reversed and remanded.

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