McDonald v. Brown

This is an appeal from a judgment of filiation. The first complaint is that the court erred in admitting in evidence the examination of plaintiff taken before the justice of the peace. The statute, however, provides: “At the trial of such issue the examination before the justice shall be given in evidence.” Comp. St. 1893, ch. 37, sec. 5. This question was raised in Stoppert v. Nierle, 45 Neb. 105, and it was held that either party is entitled to offer the whole examination in evidence. In the opinion it is said that the words of the statute that the examination before the justice shall be…