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Austin v. Diffendaffer

Charles D. Austin v. William Diffendaffer at al.

Austin v. Diffendaffer, 148 N.W. 907 (Neb. 1914)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
September 26, 1914
Docket
No. 17,801
Judges
Letton, Rose
Citations
148 N.W. 90796 Neb. 7471914 Neb. LEXIS 123
Disposition
Affirmed.
Headnotes
1. Trial: Request for Special Findings after Judgment. The refusal of a request for specific findings, when made after the entry of a judgment, is not a ground of reversal. 2. Appeal: Findings: Evidence. A finding of faet on conflicting proofs is final on appeal, when supported by sufficient evidence.
Summary
Appeal from the district court for Lancaster county: Albert J. Cornish, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Rose

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Rose, J.

This is a suit to recover on eight separate causes of action the sum of $1,066. A jury was waived and the trial court entered judgment in favor of plaintiff for $270. Defendants appeal.

In their brief defendants express the conviction that the judgment was rendered on the eighth cause of action, which they describe in their abstract as follows: “In August and *748 September, 1910, at the special instance and request of appellant, appellee prepared 65 acres of ground and planted same in wheat, which services are worth $195, and he also furnished the seed for said ground or ihe value of $65, making a total of $260 in this cause of action.” The answer amounted to a general denial.

It is argued on appeal that the trial court erred in overruling a request for special findings. This request was made after the entry of the judgment. It is clear that in denying the request there was no error.

It is further insisted that the judgment is not supported by the evidence, and that it is contrary to law. The evidence on the issues involving the eighth cause of action is conflicting, but is ample to sustain the finding of the trial court. It does not affirmatively appear that the judgment is contrary to law. On the other hand, it is obviously just. The appeal is not meritorious.

Affirmed.

Letton, J., not sitting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 11934: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Deatsch v. Fairfield233 P. 887 (Ariz. 1925)
  2. Henley v. Live Stock National Bank257 N.W. 244 (Neb. 1934)

Most recent

  1. Henley v. Live Stock National Bank257 N.W. 244 (Neb. 1934)
  2. Deatsch v. Fairfield233 P. 887 (Ariz. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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