Beatrice Savings Bank of Beatrice v. Assembly

• Decision Date: 21 April 1898
• Docket Number: 8044
• Citation: 74 N.W. 1065,54 Neb. 592
• Parties: BEATRICE SAVINGS BANK OF BEATRICE v. BEATRICE CHAUTAUQUA ASSEMBLY, IMPLEADED WITH J. S. GRABLE ET AL., APPELLANTS, AND E. R. FOGG, RECEIVER, APPELLEE
• Court: Nebraska Supreme Court

74 N.W. 1065

54 Neb. 592

BEATRICE SAVINGS BANK OF BEATRICE v. BEATRICE CHAUTAUQUA ASSEMBLY, IMPLEADED WITH J. S. GRABLE ET AL., APPELLANTS, AND E. R. FOGG, RECEIVER, APPELLEE

No. 8044

Supreme Court of Nebraska

April 21, 1898

APPEAL from the district court of Gage county.Heard below before BUSH J. Affirmed.

AFFIRMED.

G. M. Johnston, for appellants.

J. N. Rickards, E. R. Fogg, and Griggs, Rinaker & Bibb, contra.

OPINION

HARRISON, C. J.

Action to foreclose a real estate mortgage in which the appellee by cross-petition sought the foreclosure of a mortgage on the property involved, and from a decree favorable to his prayer certain of the parties have perfected this appeal.What is filed with the record here as the bill of exceptions lacks the requisite authentication by the clerk of the trial district court and will not be examined.(SeeRomberg v. Fokken, 47 Neb. 198, 66 N.W. 282;Spurk v. Dean, 49 Neb. 66, 68 N.W. 375;Childerson v. Childerson, 47 Neb. 162, 66 N.W. 281.)

The cross-petition was sufficient in its statements of facts and prayer to warrant the relief, for which as to it there was a decree, and in the absence of a proper bill of exceptions we cannot examine the questions presented by the brief of counsel.(Stuart v. Burcham, 50 Neb. 823, 70 N.W. 383.)The decree must be

AFFIRMED.