Stuart v. Burcham

• Decision Date: 03 March 1897
• Citation: 70 N.W. 383,50 Neb. 823
• Parties: STUART ET AL. v. BURCHAM ET AL.
• Court: Nebraska Supreme Court

50 Neb. 823

70 N.W. 383

STUART ET AL.

v.BURCHAM ET AL.

Supreme Court of Nebraska.

March 3, 1897.

Syllabus by the Court.

In the absence of a bill of exceptions, issues of fact cannot be considered in this court on appeal, even though the transcript of the pleadings and proceedings recites that the cause was originally determined on an agreed statement of facts copied in such transcript.State Ins. Co. v. Buckstaff Bros. Manuf'g Co., 66 N. W. 27, 47 Neb. 1, followed.

Appeal from district court, Lancaster county; Tibbets, Judge.

Action by Ambrose P. S. Stuart and Charles Holland against Henry Burcham and others.Judgment for plaintiffs, and defendantHannah S. Burcham appeals.Affirmed.Stevens & Cochran, for appellant.

S. L. Geisthardt, for appellees.

RYAN, C.

The district court of Lancaster county adjudged that certain of the purchase price of lands sold by Henry Burcham should be paid by the purchaser to Ambrose P. S. Stuart and Charles Holland, as creditors of said Burcham.The wife of Henry Burcham, who unsuccessfully claimed by her cross petition that this balance should be paid to her, as a creditor of her husband, brings this case into this court for review upon appeal.The petition has been examined, and found to state a cause of action and a proper prayer for such relief as was decreed by the district court.The record recites that the case was...