Centurion Stone of Neb. v. Whelan
Annotate this CasePlaintiff filed an action against Defendants for breach of contract and quantum meruit. The county court entered judgment against Defendants. On appeal, Defendants asked the district court to take judicial notice of the county court transcript and the bill of exceptions of the county court proceedings. The district court affirmed after a hearing, holding that the record did not support Defendants' appeal, as the bill of exceptions was not complete at the hearing. The Supreme Court reversed, holding that because the incomplete record was the fault of the county court and because the district court was aware of the incomplete record prior to reaching its decision, the district court erred in failing to order the county court to file a complete bill of exceptions. Remanded.
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