Mattis v. Connolly

• Citation: 63 N.W. 918,45 Neb. 628
• Parties: MATTIS ET AL. v. CONNOLLY ET AL.
• Decision Date: 22 June 1895
• Court: Supreme Court of Nebraska

45 Neb. 628

63 N.W. 918

MATTIS ET AL.

v.CONNOLLY ET AL.

Supreme Court of Nebraska.

June 22, 1895.

Syllabus by the Court.

In this case there are discussed only questions of fact, and, as the bill of exceptions was settled by the clerk of the district court without an agreement upon it, these questions cannot be considered.

Appeal from district court, Pawnee county; Bush, Judge.

Action by Ross Mattis, trustee, and another, against John Connolly and others to foreclose a mortgage. From the decree rendered, certain defendants appeal. Affirmed.H. C. Lindsay, Humphrey & Raper, and Story & Story, for appellants.

W. W. Giffen, G. E. Becker, and J. J. Baker, for appellees.

RYAN, C.

In this case the bill of exceptions was signed by the clerk, upon a stipulation that he should settle and allow it. There was, however, no agreement upon the bill of exceptions, and following Scott v. Spencer (Neb.) 60 N. W. 892, we cannot treat it as such. We find that the briefs of counsel, upon which, without oral argument, this cause was submitted, discuss only questions of fact. These we cannot advisedly consider, and the judgment of the district court is affirmed. Affirmed.