104 Neb. 30 | Neb. | 1919
When this case was in this court upon a second appeal, 101 Neb. 691, 695, the issues presented were determined upon the record then presented, with the exception of two questions, which were reserved and referred to the trial court for a new trial. These two questions were -‘the value of these bonds less the amount loaned thereon and not returned,” and “whether there were deductions made from the $50,000 purchase. price,' and so ascertain the net amount received by the Norfolk, company, and compute the proportion that should have been applied upon these bonds accordingly.” When the case was returned to the district court, Peter Volk and others, claiming to be the heirs at law of the deceased, William Volk, were allowed to intervene, presumably upon suitable terms, and they alleged that they were entitled to an interest in the bonds in question, and the case appears to have been tried upon the theory that these interveners had presented issues against both the plaintiff and the defendant. The trial resulted in a verdict and judgment in favor of the plaintiff, and against the defendant Thomas E. Parmele in the sum of $7,415.27. Prom this judgment the defendant Parmele appealed to this court, and the interveners also prosecuted a separate appeal. It is suggested in the appellee’s brief that, as an administrator had been appointed for the estate of William Volk, deceased, who was entitled to recover whatever assets belonged to that estate, these interveners were not entitled to any relief in this case. The trial court seems to have so held. The interveners have not presented any brief or appeared further in the case.
An affidavit of a juror as to what items the jury allowed or disallowed in computing the amount due, or what the jury believed they had a right to do under the instructions, is incompetent. Such matters are commonly held to inhere in the verdict.
Many instructions were offered by defendant and refused by the court, but, so far as they were correct and applicable to the issues to be submitted to the jury as determined by this court upon the former appeal, they were unnecessary because of the instructions given.
The principal question of difficulty is whether the evidence supports the verdict. The records, including bills of exceptions of the two former trials and the brief in this court, are attached to the bill of exceptions, and appear to have been allowed by the trial court as a part of the bill of exceptions in this case. Apparently some, but not all, of these records and briefs were actually received in evidence by the trial coui't. It appears that the defendant Parmele traded the stock and bonds to William Volk for a farm, and these securities were left with defendant and his bank for safe-keeping, and to maintain the credit of Volk with the bank and defendant. Many transactions both before and after this exchange appear to be involved in determining the liabilities chargeable against these bonds. The pleadings of the parties in the various stages of this litigation indicate changes of position as to the issues. There is conflict in the evidence, some of which on important matters is of a doubtful character. The methods pursued by both parties on the trial, together with the great mass of evidence introduced by them, not only on the issues submitted by
The judgment of the district court is
Affirmed.