37 Neb. 532 | Neb. | 1893
Frank E. Jandt brought suit against Lucien Deranlieu in the county court on account for goods sold and delivered, and plaintiff also sued out a writ of attachment and caused the same to be levied upon forty-one head of cattle, twenty-nine calves, and one horse. Defendant moved for a dissolution of’the attachment,’which was overruled. An answer-was filed, setting up,-among otheridefenses, the non-joinder of 'necessary parties defendant. Plaintiff replied by a general denial. There was a trial to a jury, which resulted in a verdict in favor of the plaintiff for $332.40 and costs.- .Thereupon the defendant filed a motion for a new trial, which was denied by the court, and judgment was entered upon the verdict. A bill of exceptions was settled and allowed, and defendant prosecuted error to the district court from both decisions, where the order of the county court sustaining the attachment was reversed and the judgment upon the merits was affirmed. From the decision of the district court affirming the judgment of the county court in the main case, Deranlieu brings the case to this court for review by petition in error.
The main question is, whether there was a fion-joinder of parties defendant, the plaintiff in error contending there was, by reason of the failure to make Samuel Young a defendant.
It appears that defendant in error was engaged in the mercantile business in the town of Crawford, this state, and that Deranlieu and one Samuel Young were railroad
It is finally urged that the county court erred in permitting the jury to remain in charge of the deputy sheriff during the time they were deliberating upon their verdict, without being specially sworn in that behalf. This objection was not made until after verdict, therefore it came too late. Moreover, it does not appear that plaintiff in error was in the least prejudiced by the failure to swear the officer. Besides, there is no statutory provision, that we are aware of, which requires that a sheriff or his deputy shall be specially sworn by the court before taking charge of a jury while deliberating in a civil case.
There is no reversible error in the record and the judgment of the court below is
Affirmed.