Beatrice Savings Bank v. Beatrice Chautauqua Assembly
Beatrice Savings Bank of Beatrice v. Beatrice Chautauqua Assembly, Impleaded with J. S. Grable, and E. R. Fogg, Receiver
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Harrison, O. J.
Action to foreclose a real estate mortgage in which the appellee by cross-petition sought the foreclosure of a mortgage on the property involved, and from a decree favorable to his prayer certain of the parties have perfected this appeal. What is filed with the record here as the bill of exceptions lacks the requisite authentication By the clerk of the trial district court and will not be examined. (See Romberg v. Fokken, 47 Neb. 198 ; Spurk v. Dean, 49 Neb. 66 ; Childerson v. Childerson, 47 Neb. 162 .)
The cross-petition was sufficient in its statements of facts and prayer to warrant the relief, for which as to it there was a decree, and in the absence of a proper bill of exceptions we cannot examine the questions presented *593 by the brief of counsel. (Stuart v. Burcham, 50 Neb. 823 .) The decree must be
Affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.