58 Neb. 659 | Neb. | 1899
Willits & Co., of Alma, sued the Arena Fruit Company, of St. Joseph, Missouri, to recover $10 as damages for non-delivery of five barrels of Cape Cod cranberries, which the former claim to have bought from the latter. The plaintiffs have prosecuted error from the judgment rendered against them.
The first assignment of error, that the verdict is not sustained by the evidence, is not well taken. The evi
Complaint is made of the admission in evidence by defendant of a letter-press copy' of a letter purported to have been written by the Arena Fruit Company to plaintiffs. A complete answer to this contention is that the record fails to show that plaintiffs objected or excepted to the admission of this piece of evidence in the trial court. The ruling, therefore, is not available here. (Hurlbut v. Hall, 39 Neb. 889; Rupert v. Penner, 35 Neb. 587.)
Lastly, it is urged that prejudicial error was committed in the jury taking to their room, and retaining while deliberating on their verdict, the depositions read at the trial on behalf of the defendant. The record does not sufficiently show that the jury had any depositions or other papers with them while considering of their verdict. Affidavits in support of a motion for a new trial tending to establish the misconduct charged are contained in the transcript, but not having been embodied in the bill of. exceptions, must be disregarded here. (Wright v. State, 45 Neb. 44; Norfolk Nat. Bank v. Job, 48 Neb. 774; Gray v. Godfrey, 43 Neb. 672; National Lumber
Affirmed.