Nothem v. Berenschot

Berenschot appealed from the entire judgment, including that part dismissing his cross complaint against Schmechel for contribution. Schmechel does not contend that the bill of exceptions was not timely served on him. The controversy between Berenschot and Schmechel as to the former’s right to have contribution from Schmechel is therefore before us on the merits, and to dispose of it we must consider the bill of exceptions, whether or not it was properly served on plaintiff.

Since the evidence contained in the bill of exceptions must thus be considered, and clearly supports the whole of the…