Langan v. Whalen
| Decision Date | 07 December 1906 |
| Docket Number | 14,537 |
| Citation | 110 N.W. 668,77 Neb. 658 |
| Parties | MARY A. LANGAN ET AL., APPELLANTS, v. THOMAS WHALEN ET AL., APPELLEES |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Hall county: JAMES R. HANNA and JAMES N. PAUL, JUDGES. Reversed with directions.
REVERSED.
O. A Abbott, for appellants.
R. R Horth, contra.
AMES C. OLDHAM and EPPERSON, CC., concur.
Appellants prosecuted in the district court an action against the appellees, which resulted in a trial and judgment for the defendants. From the judgment appellants desired to prosecute appeal or error to this court, and paid in advance to the official stenographic reporter of the court the compensation to which he was entitled by law for making a transcript of the oral evidence to be embodied in a bill of exceptions. The reporter neglected to make a transcript, and absconded from the state. Because of this circumstance, which deprived the plaintiffs of their right of review, they began and prosecuted an action to obtain a new trial in the district court. Appellees alleged, by way of defense, that the stenographic notes of the testimony made by the reporter were in the possession of his deputy, and that the latter was competent and willing to make the requisite transcript thereof. This allegation the plaintiffs denied, but upon its being supported by the oath of the deputy, a young woman, the court directed her to perform the service and continued the cause so as to afford her sufficient time for so doing. Afterwards she produced what she testified was a true transcript of the reporter's notes, but the plaintiffs objected to it as not being accurate and as being otherwise not in compliance with the statute. At the final hearing the court found "that no true and correct bill of exceptions can be procured," and rendered a judgment vacating the former judgment and granting a new trial as prayed. The order directing the transcript to be made by the deputy prescribed that each of the parties should bear one-half of the expense thereof until the final order of the court, but this direction was not complied with, and there was taxed against the plaintiffs, in the judgment awarding a new trial, the sum of $ 50.75 as an item of costs for the making of the transcript and of certain exhibits attached thereto. The plaintiffs moved to retax the costs by expunging this item but the court overruled the motion, and they appealed...
To continue reading
Request your trial