Nebraska Supreme Court October 16, 1889 (Davis v. Scott)

Maxwell, J.

This case was before this court in 1887, the judgment of the district court being reversed because of an erroneous instruction and the cause remanded for further proceedings. (Davis v. Scott, 22 Neb., 154.) On the second trial a jury was waived and the cause submitted to the court on the evidence in the former bill of exceptions.