State ex rel. Stratton v. Knapp
Nebraska Supreme Court
This was an action in the nature of a quo warranto, to determine the right of défendants to hold and exercise the duties of the common council of the' city of Wahoo, Saunders county. Judgment below was for defendants, and the cause docketed in this court as an appeal. At the present term, under an order of court made in that behalf, the relator was allowed to file an assignment of error, upon which, with the record, the cause was argued and submitted.
1Opinion of the CourtCobb, J.
The assignment of error which the court allowed the relator to file in lieu of a petition in error, contains but the one general point: “ That the court erred in finding for the defendants and entering judgment against the relator on the pleadings and proofs presented to the court” In looking into the record it appears that no other point could have been made, as there was no interlocutory decision or ruling whatever in the case, and the point made cannot be considered by this court, for the reason that, there being no bill of exceptions, this court cannot know upon what evidence or testimony…
2Cited by4 opinions
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- Younie v. SpechtNebraska Supreme Court · 1916
- Shaw v. Holt CountyNebraska Supreme Court · 1911