McClain v. Morse

• Decision Date: 02 October 1894
• Citation: 42 Neb. 52,60 N.W. 334
• Parties: MCCLAIN v. MORSE ET AL.
• Court: Nebraska Supreme Court

42 Neb. 52

60 N.W. 334

MCCLAIN

v.MORSE ET AL.

Supreme Court of Nebraska.

Oct. 2, 1894.

Syllabus by the Court.

The sole question being as to the sufficiency of the evidence to sustain the findings of fact made by a referee, whose allowance of the bill of exceptions fails to show that it contains all the evidence adduced, the judgment of the district court is affirmed. Turner v. Turner, 10 N. W. 545, 12 Neb. 161, and Railroad Co. v. Menk, 4 Neb. 24, followed.

Appeal from district court, Douglas county; Irvine, Judge.

Action by Reuben E. McClain against A. E. Morse and James A. Clark for an accounting of the affairs of a partnership. Judgment was rendered in favor of plaintiff, and defendants appeal. Affirmed.Saunders & Macfarland, for appellants.

Edgar H. Scott, for appellee.

RYAN, C.

This action was brought in the district court of Douglas county by the appellee, against the appellants, for an accounting in the settlement of a partnership which had existed between the several parties litigant. By this appeal, there is presented only the correctness of the findings of fact made by a referee, whose allowance of the alleged bill of exceptions was as follows: “This bill of exceptions contains evidence given by both parties at the trial had before me, and is by me duly allowed, on presentation by the defendant Clark. Frank L. Weaver, Referee.” This fails to show that the evidence given was all that was given, hence it is impossible for us to review the findings of fact of which complaint is made. Turner v. Turner, 12 Neb. 161, 10 N. W. 545; Railroad Co. v. Menk, 4 Neb. 24. The judgment of the district court is affirmed.

IRVINE, C., did not sit.