19 Minn. 449 | Minn. | 1873
By the Court.
This action was brought to recover damages for the wrongful taking and conversion of two yoke of oxen, and two sleds, property of the plaintiff. Trial was had by jury in the district court for Chisago county, resulting in a verdict for plaintiff for $335. Defendants moved for a new trial; 1st, because the verdict is not
In opening his case, plaintiff’s counsel stated, among other things, that the taking complained of in this case was by one Curry, a constable, under an execution issued by defendant Wilcox, as justice of the peace, upon a judgment rendered by him in an action in which defendant Liebow was plaintiff,’and plaintiff Ferson was defendant, “and that.said execution and all proceedings under it were void, for the reason that said dedefendant Wilcox had not filed his bond as justice in the office of the clerk of Chisago county, at the time said judgment was rendered.” Defendants claim that this was an admission, (as we understand their position,) of a taking under an execution and judgment valid except for the objection above mentioned; which objection, defendants further contend, is of no importance. Defendants also claim that the admission is of the nature of an admission of record, dispensing with the necessity
As to the other ground upon which the motion for a new trial was based, viz.: error in law occurring' at the trial and excepted to, the facts are these : The court, at plaintiff’s request, gave to the jury five distinct and distinctly numbered instructions. The only exception taken to them is stated in the record in these words, viz.: “ To all of which charges the defendants then and there excepted.” As no fault is found with most of the instructions then given, and as there would seem to be no ground for complaining of most of them, this mode of excepting is entirely futile. State vs. Staley, 14 Minn. 105; Baldwin vs. Blanchard, 15 Minn. 489; Judson vs. Reardon, 16 Minn. 431.
The exception to the refusal of the court to give the four separate instructions asked for by defendants, was equally general and ineffectual. Several of them (aside from other objections) have no application to the case in the actual state of the evidence.
Order denying new trial affirmed.