Everingham v. Harris

Ryan, C.

Plaintiffs in error complain of a judgment rendered against them in the district court of Douglas county for an alleged failure to receive and pay for certain com as required by a written memorandum between the parties. On motion the bill of exceptions had been suppressed before the submission of this case on its merits; hence the arguments now based upon a consideration of the evidence must be ignored. The second, third, fourth, fifth, and ninth instructions given by the court were grouped in a single assignment, both in the motion for a new trial and in the petition in error, and as…