Cross v. Prohaska

170 N.W. 665, 103 Neb. 146, 1919 Neb. LEXIS 15

• Court: Nebraska Supreme Court
• Decided: February 1, 1919
• Docket: No. 20336
• Status: Published

Opinion

Rose, J.

This is an action to recover a commission of $500 for the sale of land. From a judgment on a verdict in favor of defendants, plaintiff has appealed.

The assignments of error are based on misconduct of a witness and of the jury. The evidence has not been preserved by a bill of exceptions, and without the evidence the merits of the assignments cannot be determined. What purports to be a bill of exceptions was filed in this court, but it was not allowed as such by the trial judge or authenticated by the clerk of the district court. It must therefore he disregarded on appeal. Dugger v. Smith, 94 Neb. 552; Gay v. Reynolds, 57 Neb. 194.

Apeirmed.