In this case the bill of exceptions was signed by the clerk upon a stipulation that he should settle and allow it. There was, however, no agreement upon the bill of exceptions, and following Scott v. Spencer, 42 Neb., 637, we cannot treat it as such. We find that the briefs of counsel, upon which, without oral argument, this cause was submitted, discuss only questions of fact. These we cannot advisedly consider, and the judgment of the district court is

Affirmed.