Spurck v. Dean
| Decision Date | 16 September 1896 |
| Citation | 68 N.W. 375,49 Neb. 66 |
| Parties | SPURCK v. DEAN. |
| Court | Nebraska Supreme Court |
1. A bill of exceptions should be authenticated by the certificate of the clerk of the trial court, to entitle it to examination and consideration in the supreme court.
2. Questions of fact, and upon conflicting testimony, are to be decided by the trial jury; and a verdict will not be set aside, on the ground of the want of sufficient evidence to support it, unless the want is so great as to show that the verdict is manifestly wrong. Sycamore Co. v. Grundrad, 20 N. W. 832, 16 Neb. 529.
3. Where, in an action to recover an amount alleged to be due the plaintiff as wages for work and labor performed, at an agreed price, there is a conflict in respect to the amount agreed upon, evidence of the value, at the time of the contract, of the work performed, is competent and admissible.
Error to district court, Nuckolls county; Hastings, Judge.
Action by Clara Dean against William Spurck. From a judgment for plaintiff, defendant brings error. Affirmed.R. D. Sutherland, for plaintiff in error.
Searle & Coleman, for defendant in error.
The plaintiff instituted this action to recover of defendant an amount alleged to be due as compensation for work and labor performed by plaintiff for defendant during the times stated in the petition filed, wherein there also appeared an allegation that the work was done at a stipulated or agreed price per week. Issues were joined and tried, and the result was a judgment for plaintiff, seeking a reversal of which defendant has prosecuted error proceedings to this court. Of the alleged errors, the one mainly urged and relied upon in the argument as being fatal to the judgment rendered is that the verdict was not sustained by sufficient evidence. A determination of this question in this--as in any other--case necessitates an examination of the evidence, as preserved and presented in a bill of exceptions. What purports to be such bill, in the present case, is attached to the record, but is not authenticated by the certificate of the clerk of the district court in which the cause was tried; hence it is not properly before us for examination, and is not entitled to be considered. Romberg v. Fokken, 47 Neb. 198, 66 N. W. 282;Childerson v. Childerson, 47 Neb. 162, 66 N. W. 281;Romberg v. Hediger, 47 Neb. 201, 66 N. W. 283. We have, however, searched through it, and discover a conflict in the evidence in...
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