Beatrice Savings Bank v. Beatrice Chautauqua Assembly

Nebraska Supreme Court
Beatrice Savings Bank v. Beatrice Chautauqua Assembly, 54 Neb. 592 (Neb. 1898)
74 N.W. 1065; 1898 Neb. LEXIS 126
Harrison

Beatrice Savings Bank v. Beatrice Chautauqua Assembly

Opinion of the Court

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 *593by the brief of counsel. (Stuart v. Burcham, 50 Neb. 823.) The decree must be

Affirmed.

Reference

Full Case Name
Beatrice Savings Bank of Beatrice v. Beatrice Chautauqua Assembly, Impleaded with J. S. Grable, and E. R. Fogg, Receiver
Cited By
3 cases
Status
Published