Wigton & Whitham v. Smith

Harrison, O. J.

The defendant in error commenced an action against the partnership of Wigton & Whitham to recover an amount alleged to be due him from the firm. On review by this court of a judgment rendered in the district court the judgment was reversed and the cause remanded. The decision at that time will be found reported in 35 Neb. 460. The suit was again tried in the district court and a second time presented to this court in an error proceeding, and the judgment reversed and the cause remanded. For report of the opinion see 46 Neb. 461. When it again reached the district court there…