5 Neb. 525 | Neb. | 1877
The record of this case shows, that on the 24th day of March, 1875, the plaintiff in error executed a note, not negotiable, to C. H. Autzen in the sum of $1,161.17; that on the 24th day of April following, he paid to Autzen, on the note, the sum of $952. The note was
In tbe case at bar, we think the preponderance of evidence against tbe finding, is so clear, obvious and decided, that tbe finding and judgment cannot be sustained upon any principle of right, justice or morality. Tbe judgment of tbe district court must, therefore, be reversed, and tbe cause be remanded for trial de novo.
Reversed and remanded.