Tunks v. O'Brien

240 N.W.2d 349, 195 Neb. 735, 1976 Neb. LEXIS 991

• Court: Nebraska Supreme Court
• Decided: April 7, 1976
• Docket: No. 40265
• Status: Published

Opinions

Per curiam.

Plaintiffs filed an action for forcible detention against the defendant in the county court of Buffalo County. After trial in the county court, judgment was entered for plaintiffs and against defendant. Defendant appealed to the District Court. The bill of exceptions from the county court was filed but was not introduced in evidence. The District Court reviewed the case, considered the bill of exceptions in making his decision, and affirmed the judgment of the county court. Defendant has appealed to this court and there is no properly certified bill of exceptions in accordance with the revised rules of this court, although the county court bill of exceptions is a part of the transcript here.

When a case is tried in the District Court upon the record from a lower tribunal, that record must be certified as the bill of exceptions in accordance with the Revised Rules of the Supreme Court, 1974, before it can be considered on appeal to this court. In the absence of a proper bill of exceptions, any assignment of error that requires an examination of evidence cannot prevail on appeal. In such a case, the only question presented to this court is the sufficiency of the pleadings to sustain the judgment of the trial court. State v. Jacobsen, 194 Neb. 105, 230 N. W. 2d 219. That case is controlling here.

The judgment is affirmed.

Affirmed.