Nebraska Reports Volume 10

Nebraska Reports Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...in_the sum of "three hundred." There is no designation of the denomination of the debt, and we cannot presume it to have been dollars. For these defects the judgment of the district court is reversed, and the cause remanded for further proceedings. Rnvnnsnn AND REMANDED. ELIZA V. LIGHT AND Lucy A. Lrenr, PLAINTIFFS IN ERROR, v. LIVIA E. KENNARD, DEFENDANT IN ERROR. Bill of Exceptions, A referee has authority and it is his duty to sign any true exceptions taken to any order or decision made by him in the case. A bill containing such exceptions should be signed by the referee, and not by thejudge. MoTION to quash bill of exceptions. L. C'. Burr and J. R. Webster, for the motion. Galey Abbott, contra. MAXWELL, OH. J. An action was brought in the district court of Lancaster county by the defendant in error against Eliia. W. Light and Lucy A. Light. The case was referred to R. D. Stearns, as referee, to report upon the whole issue. The referee made his report and signed a bill of exceptions. The report was confirmed by the district court, to which the plaintiffs in error excepted, and now bring the cause into this court by petition in error. The defendant in error now moves to quash the bill of exceptions, because the same was not signed by the judge of the district court. Has a referee authority to sign a bill of exceptions in a case tried before him? Section 300 of the code provides that "the trial before referees is conductcd in the same manner as a trial by the court. They have the same power to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments as the court upon such trial. They must state the facts found ' and the more

Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 123676188X
  • 9781236761880