Bee Publishing Co. v. State
Bee Publishing Co. v. State
Opinion of the Court
A stipulation of the parties has been filed in Bee Publishing Co. v. State (No. 21314), and also in Rosewater v. State (No. 21315), that the bill of exceptions settled in one of these cases may be filed and used by this court in the determination of both cases, and we are asked to make an order to that effect.
The hill of exceptions must he settled in the district court under section 7880, Rev. St. 1913, and “must he signed by the judge with his certificate to the effect that the same is allowed. ’ ’ The parties cannot stipulate as to the rulings of the trial court and then predicate error thereon. Those rulings can only be shown by the record, and, if they relate to the evidence, the evidence and the ruling complained of must be presented to the trial court
It follows that a bill of exceptions allowed by the trial judge in one case cannot be received as the bill of exceptions in another case, unless it is also duly certified by the trial judge as such.
The stipulation that the. two cases “he consolidated for hearing in the supreme court, and that said causes be heard in said court as one case” and that “briefs filed by counsel on behalf of either party shall be made applicable to and include both cases, and separate briefs need not be filed in each case, ’ ’ is sustained, and the two cases may be presented accordingly.
Stipulation allowed in part.
Reference
- Full Case Name
- Bee Publishing Company v. State of Nebraska Victor Rosewater v. State of Nebraska
- Status
- Published