12 Neb. 161 | Neb. | 1881
This is an action for an account. In the year 1880 the defendant filed a petition against the plaintiff in the district court of Nuckolls county, to recover the sum of $2,273.62 with interest, and costs. An itemized copy of the account is set out as an exhibit and made a part of the petition. The plaintiff in error, (defendant in the court below), in his answer denies the facts stated in the petition, and pleads a counter claim against the plaintiff for the sum of $3,586.85. The case was referred by consent to J. P. Hammond, clerk of the district court, to
Sec. 303 of the code provides that: “ It shall be the duty of the referees to sign any true exceptions taken to any order or decision by them made in the case, and return the same with their report to the court making the reference.” A referee is here given authority to sign a bill of exceptions, and this bill may contain all the evidence, and must do so if necessary to determine the questions raised. Such a bill of exceptions is not required to be signed by the judge, but by the referee alone, and is not subject to the provisions of section 311 of the code, for settling bills of exceptions. ✓
In the case at bar there is nothing before the court showing that what purports to be a bill of exceptions contains all evidence, and therefore it is impossible for us to review the findings. The evidence in the record, however, fully sustains the judgment, and if it 'is all the evidence in the case, substantial justice has been' done. The judgment of the district court is affirmed.
Judgment aeexrmed.