McDonald v. Buckstaff
Nebraska Supreme Court
Appeal from, the district court of Lancaster county. Heard below before Hastings, J. The issues and facts are stated in the opinion. The appellee having had access to the books, they were prima facie evidence against him.
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Appeal from, the district court of Lancaster county. Heard below before Hastings, J. The issues and facts are stated in the opinion. The appellee having had access to the books, they were prima facie evidence against him. (Topliff v. Jackson, 12 Gray [Mass.] 565; Caldwell v. Letter, 7 Paige Oh. [N. Y.] 488.) Plaintiff ascertained from the books that defendant was drawing a «alary, and having failed to object, he is in no position to make objection after completion of the work.- (2 Herman, Estoppel 1165, 1172; Grant v. Cropsey, 8 Neb. 205; Newman v. Mueller, 16 Neb. 523; Betts v. Sims, 25 Neb.…
1Opinion of the Court
Invine, O.
This was' an action by McDonald against Buckstaff, the object of which was to secure an accounting of certain transactions growing out of the paving of streets in the city of Lincoln. The case resulted in a judgment in the district court against Buckstaff for $4,392.72. Buckstaff perfected an appeal to this court, and on the; same transcript McDonald caused a notice of appeal to be issued and served. Buckstaff now objects to the consideration of the case in the light of an appeal by McDonald on the ground that Buckstaff alone provided and filed the transcript. The filing of a…
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