Eisele v. Meeker

181 N.W. 609, 105 Neb. 687, 1921 Neb. LEXIS 92

Opinion

Morrissey, C. J.

Plaintiffs brought this action to recover for damages to plaintiffs’ automobile caused by the negligent driving of a team and wagon owned by defendant Meeker. A jury was waived and the cause submitted to the court on a stipulation of facts. The court entered judgment in favor of plaintiffs and against defendant Harney Street Stables, a partnership, and defendants Meeker and Davis, and dismissed the cause of action against defendants Jackson. Defendants Harney Street Stables and Meeker have ap-. pealed.

A purported stipulation of facts is set out in appellants’ brief, but is not incorporated in a bill of exceptions, and, no such bill has been filed. The sufficiency of the pleadings is not questioned, and it follows that the judgment must be affirmed. A consideration of the stipulation set out in the brief would not, however, result in a 'reversal.,

Affirmed.