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Otis v. Butters

Luke S. Otis v. Zeri M. Butters

Otis v. Butters, 64 N.W. 1093 (Neb. 1895)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
November 20, 1895
Docket
No. 5763
Judges
Norval
Citations
64 N.W. 109346 Neb. 4921895 Neb. LEXIS 499
Headnotes
Review: Unautiienticated Transcript: Dismissal. A petition in error will be dismissed out of this court when founded upon a transcript not authenticated by the certificate of the clerk of the trial court.
Summary
Error from the district court of Dawes county. Tried below before Kinkaid, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Norval

Text extracted by OCR from a scanned original; check the original for exact wording.

Norval, C. J.

Each assignment in the petition in error, as well as every proposition discussed in the brief, is predicated upon matters disclosed solely by the supplemental transcript filed by the plaintiff in error in this court on July 9, 1894, and which alone contains the purported judgment sought to be reviewed. This transcript cannot be recognized by us, inasmuch as it is not authenticated by the certificate of the clerk of the court below, as by statute required. Following Moore v. Waterman, 40 Neb., 498 , and McDonald v. Grabow, 46 Neb., 406 , decided herewith, the petition in error is dismissed.

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 31897: 21898: 21931: 118962026peak 1896 · 3

Relies on it most ⓘ

  1. Romberg v. Fokken66 N.W. 282 (Neb. 1896)
  2. Union Pacific Railroad v. Kinney66 N.W. 449 (Neb. 1896)
  3. In re Basin State Bank296 P. 1074 (Wyo. 1931)
  4. P. Brockman Commission Co. v. Sang72 N.W. 856 (Neb. 1897)
  5. Einspahr v. Exchange National Bank68 N.W. 933 (Neb. 1896)
  6. Bailey v. Eastman74 N.W. 959 (Neb. 1898)

Most recent

  1. In re Basin State Bank296 P. 1074 (Wyo. 1931)
  2. Bailey v. Eastman74 N.W. 959 (Neb. 1898)
  3. Forbes v. Morearty74 N.W. 822 (Neb. 1898)
  4. P. Brockman Commission Co. v. Sang72 N.W. 856 (Neb. 1897)
  5. Smith v. Beagle69 N.W. 936 (Neb. 1897)
  6. Einspahr v. Exchange National Bank68 N.W. 933 (Neb. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Moore v. Waterman, 58 N.W. 940 (Neb. 1894) 29
McDonald v. Grabow, 64 N.W. 1093 (Neb. 1895) 10

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