State Insurance Co., of Des Moines v. Buckstaff Brothers Manufacturing Co.
Decision Date | 04 February 1896 |
Docket Number | 7641 |
Citation | 66 N.W. 27,47 Neb. 1 |
Parties | STATE INSURANCE COMPANY OF DES MOINES, IOWA, v. BUCKSTAFF BROTHERS MANUFACTURING COMPANY |
Court | Nebraska Supreme Court |
ERROR from the district court of Lancaster county. Tried below before HALL, J. Heard on motion of defendant in error to affirm the judgment of the trial court. Motion sustained.
AFFIRMED.
Charles O. Whedon, for the motion.
Jacob Fawcett, contra.
This cause was submitted on the motion of the defendant in error to affirm the judgment of the trial court. We have held where an examination of the record of a cause brought to this court for review discloses that the petition in error presents no question for consideration on a motion to dismiss the proceedings, the cause will be considered on its merits and the judgment affirmed. (Upton v. Cady, 38 Neb 209, 56 N.W. 881; Erck v. Omaha Nat. Bank, 43 Neb. 613, 62 N.W. 67.) The rule stated above is a salutary one, and its enforcement will tend to discourage the bringing of cases to this court for delay merely.
The petition in error herein contained forty-eight assignments, of which four question the sufficiency of the evidence to support the verdict; three attack the rulings of the court upon the admission of testimony; two relate to challenges of jurors; twenty-seven are predicated upon the giving and refusing of that number of instructions, while but one instruction is copied into the transcript; six are based upon submitting to the jury special findings from 1 to 6 inclusive, and no such findings have been certified up; one that the verdict is contrary to the fifteenth instruction, no such instruction being in the record; and one that the court erred in overruling the motion for a new trial. Of course we must disregard the assignments which are foreign to the record, and it is obvious that not one of the other errors assigned can be considered without reference to a bill of exceptions containing the evidence adduced on the trial in the court below and preserving the rulings complained of and the exceptions thereto. The important inquiry is whether there is any bill of exceptions in this case. In the transcript brought here we find the following stipulation of the parties:
It appears that a bill of exceptions was settled and allowed in the case mentioned in the foregoing stipulation, and it is argued that the same should be treated and considered as a part of the record in the case at bar. Clearly there is nothing in the above stipulation which will justify such a conclusion, although such may have been the intention of the parties when they entered into the same. It was contemplated that other and additional testimony should be...
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State Ins. Co. v. Buckstaff Bros. Manuf'g Co.
... ... Manufacturing Company against the State Insurance Company of Des Moines. Judgment for ... The Buckstaff Brothers Manufacturing Company vs. State Ins. Co. of Des Moines. Stipulation. It is ... ...