Schroeder v. Homestead Corp., 34870
| Decision Date | 03 March 1961 |
| Docket Number | No. 34870,34870 |
| Citation | 107 N.W.2d 750,171 Neb. 792 |
| Parties | John SCHROEDER and Roy M. Harrop, Appellants, v. HOMESTEAD CORPORATION, Appellant, Impleaded with Margaret A. Williams et al., Appellees, William W. Freeland, Intervenor-Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court.
In the absence of a bill of exceptions it is presumed that issues of fact presented by the pleadings are established by the evidence, that they were correctly decided, and the only issue that will be considered on appeal is the sufficiency of the pleadings to support the judgment.
Roy M. Harrop, George Evens, Omaha, for appellants.
Roy I. Anderson, O'Hanlon & O'Hanlon, Blair, for appellees.
John S. Barrett, Omaha, for William W. Freeland, intervenor-appellee.
Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, WENKE, SPENCER, and BOSLAUGH, JJ.
This is an appeal from the district court for Washington County.
The notice of appeal recites that it is from decrees rendered on August 31, 1959, January 4, 1960, and April 12, 1960, and from the overruling of a motion to vacate the judgment and decree or in the alternative the overruling of a motion for a new trial. We do not find a decree of August 31, 1959, in the transcript. We do find a decree of January 4, 1960. However, this decree is shown to have been set aside by 'consent of the parties' and another decree rendered April 12, 1960. It is from that decree and subsequent proceedings that the appeal is evidently taken.
The action seems to have been brought by one John Schroeder as plaintiff against Homestead Corporation, two named parties, and all persons claiming any right, title, or interest in certain described real estate 'all in Harrison County, Iowa.' The petition refers to one Roy M. Harrop as 'co-owner,' and Harrop verifies as attorney for the plaintiff. Later Harrop is carried as a plaintiff with Schroeder in the title of pleadings. The 'Homestead Corporation' is carried as a defendant throughout, although in its answer referred to later herein is the recital that it is 'Now American Cooperative Company, A Corporation.'
We are assured in appellant's brief that this is the second appearance of this case in this court. Reference is made to Schroeder v. Homestead Corporation, 163 Neb. 43, 77 N.W.2d 678. However we find nothing in the record before us to connect that appeal and the instant one save the similarity of names and some facts and contentions of the parties.
Schroeder, Harrop, and Homestead Corporation are recited as appellants.
On November 10, 1960, on motion of appellees the purported bill of exceptions herein was stricken by this court. That order became final.
We here must examine the record, then, under the long-recognized rule that: In the absence of a bill of exceptions it is presumed that issues of fact presented by the pleadings are established by the evidence, that they were correctly decided, and the only issue that will be considered on appeal is the sufficiency of the pleading to support the judgment. Brierly v. Federated Finance Co., 168 Neb. 725, 97 N.W.2d 253.
We go then to the pleadings insofar as they relate to the decree rendered herein.
The petition was filed under the Uniform Enforcement of Foreign Judgments Act, sections 25-1587 to 25-15,104, R.R.S.1943. The petition pleaded the existence of a judgment rendered in the district court for Harrison County, Iowa, and prayed that the judgment be registered in Washington County, Nebraska. An authenticated copy of the Iowa judgment was attached to the petition. It involved a large tract of land along the Missouri River.
Later there was filed by Schroeder and Harrop as 'plaintiffs' a praecipe and ...
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