Smith v. Beagle

Nebraska Supreme Court

Smith v. Beagle

69 N.W. 936, 50 Neb. 445, 1897 Neb. LEXIS 442

CourtNebraska Supreme Court

DecidedJanuary 19, 1897

DocketNo. 6993

StatusPublished

This text of 69 N.W. 936 (Smith v. Beagle) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Beagle, 69 N.W. 936, 50 Neb. 445, 1897 Neb. LEXIS 442 (Neb. 1897).

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Opinion

Irvine, C.

We have in this case, properly authenticated, a bill of exceptions and a transcript of the verdict, motion for new trial, and judgment. In addition to this there is a bundle of loose papers which look as if they might be the original files from the office of the clerk of the district court, but not authenticated as such, and a stipulation of counsel that the original files may be used in lieu of a transcript. This does not comply with the statutes regulating proceedings in this court. (Moore v. Waterman, 40 Neb., 498; Bell v. Beller, 40 Neb., 501; School District v. Cooper, 44 Neb., 714; McDonald v. Grabow, 46 Neb., 406; Otis v. Butters, 46 Neb., 492; Peck v. Nebraska Loan & Trust Co., 50 Neb., 227.) Without a transcript of the pleadings we are unable to examine the evidence to ascertain whether it was sufficient to support the verdict, as we have no means of determining what was in issue. Nor have we the instructions before us for examination. All assignments of error relate to questions of this character.

Affirmed.

Harrison, J., not sitting.

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Irvine, C.

We have in this case, properly authenticated, a bill of exceptions and a transcript of the verdict, motion for new trial, and judgment. In addition to this there is a bundle of loose papers which look as if they might be the original files from the office of the clerk of the district court, but not authenticated as such, and a stipulation of counsel that the original files may be used in lieu of a transcript. This does not comply with the statutes regulating proceedings in this court. (Moore v. Waterman, 40 Neb., 498; Bell v. Beller, 40 Neb., 501; School District v. Cooper, 44 Neb., 714; McDonald v. Grabow, 46 Neb., 406; Otis v. Butters, 46 Neb., 492; Peck v. Nebraska Loan & Trust Co., 50 Neb., 227.) Without a transcript of the pleadings we are unable to examine the evidence to ascertain whether it was sufficient to support the verdict, as we have no means of determining what was in issue. Nor have we the instructions before us for examination. All assignments of error relate to questions of this character.

Affirmed.

Harrison, J., not sitting.

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Bluebook (online)

69 N.W. 936, 50 Neb. 445, 1897 Neb. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-beagle-neb-1897.

Opinion

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