State ex rel. Stratton v. Knapp

• Decision Date: 31 January 1879
• Citation: 8 Neb. 436,1 N.W. 128
• Parties: STATE OF NEBRASKA EX REL. F. M. STRATTON, PLAINTIFF IN ERROR, v. R. H. KNAPP ET AL., DEFENDANTS IN ERROR.
• Court: Nebraska Supreme Court

8 Neb. 436

1 N.W. 128

STATE OF NEBRASKA EX REL. F. M. STRATTON, PLAINTIFF IN ERROR,

v.R. H. KNAPP ET AL., DEFENDANTS IN ERROR.

Supreme Court of Nebraska.

January Term, 1879.

Error from Saunders County.

John Carrigan, for plaintiff.

M. B. Reese and W. H. Munger, for defendants.

COBB, J.

--The assignment of error which the court allowed the relator to file in lieu of a petition in error, contains but the one general point, “that the court erred in finding for the defendants, and entering judgment against the relator on the pleadings and proofs presented to the court.” In looking into the record, it appears that no other point could have been made, as there was no interlocutory ruling or decision whatever in the case, and the point made cannot be considered by this court for the reason that, there being no bill of exceptions, this court cannot know upon what evidence or testimony the court made the findings and rendered the judgment. Where there is no bill of exceptions, this court will presume that the trial court acted upon sufficient evidence to sustain his findings and judgment. There is a stipulation of facts in this case, certified up with the record, which may have been relied upon by the plaintiff in error as taking the place of a bill of exceptions. But in no event could it perform such office without being duly certified under the hand of the judge trying the cause.

The judgment of the district court is therefore affirmed.

Judgment affirmed.