Burke v. Cunningham

Irvine, C.

A doubt arises as to whether this case is before us for review on appeal or on petition in error. The action was in form one for the partition of real estate. The transcript was filed within the six months allowed for an appeal, but the bill of exceptions containing the testimony was not filed until after the expiration of the six months. The transcript which was filed was sufficient to give the court jurisdiction on appeal. (Schuyler v. Hanna, 28 Neb., 601.) The day the bill of exceptions was filed Charles A. Burke filed a petition in error, in which he styles himself “ plaintiff…