TaiLexi AI U.S. Case Law

Bailey v. Eastman

William L. Bailey v. O. K. Eastman

Bailey v. Eastman, 74 N.W. 959 (Neb. 1898)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Nebraska Supreme Court · State Highest Courts
Decided
April 8, 1898
Docket
No. 8001
Judges
Harrison
Citations
74 N.W. 95954 Neb. 4161898 Neb. LEXIS 81
Disposition
Petition in error dismissed.
Headnotes
Review: Unauthenticated Transcript. A petition in error will be dismissed from this court if no transcript of the record in the trial court, authenticated by tihie certificate of the clerk of such court, is filed in this court.
Summary
Error from the district court of Dawes county. Tried below before Bartow, 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 — Harrison

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

Harrison, C. J.

The papers and documents herein have been filed in this court, in purposed error proceeding, in which there was sought the reversal of the judgment of the district court of Dawes county by which relators’ application for the issuance of a writ of mandamus was denied and dismissed. In what is presumably the journal entry of the *417 trial and the resultant adjudication of tbe issues presented there is a statement that a motion for a new trial was filed and passed upon,- but no such pleading appears in the papers filed in this court. Furthermore — and this is of vital importance — the papers filed here are not authenticated by the certificate of the clerk of the trial court, as required by statute, as copies or in whole a transcript of the record of the proceedings in such court. This is a fatal omission; for that there be an authenticated record of the proceedings in the district court filed with a petition in error in the supreme court is jurisdictional, and if lacking, the petition in error will be dismissed. (Otis v. Butters, 46 Neb. 492; Moore v. Waterman, 40 Neb. 498 ; McDonald v. Grabow, 46 Neb. 406 ; Union P. R. Co. v. Kinney, 47 Neb. 396 ; Wachsmuth v. Orient Ins. Co. of Hartford, 49 Neb. 590 ; Einspahr v. Exchange Nat. Bank of Hastings, 49 Neb. 557 .)

Dismissed.

How later courts describe this case

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

1899: 218992026peak 1899 · 2

Relies on it most ⓘ

  1. Melcher v. Haley79 N.W. 707 (Neb. 1899)
  2. Littell v. Cross79 N.W. 157 (Neb. 1899)

Most recent

  1. Melcher v. Haley79 N.W. 707 (Neb. 1899)
  2. Littell v. Cross79 N.W. 157 (Neb. 1899)

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 6

DepthCaseCited by
Moore v. Waterman, 58 N.W. 940 (Neb. 1894) 29
Wachsmuth v. Orient Ins., 68 N.W. 935 (Neb. 1896) 17
McDonald v. Grabow, 64 N.W. 1093 (Neb. 1895) 10
Union Pac. R.R. v. Kinney, 66 N.W. 449 (Neb. 1896) 9
Otis v. Butters, 64 N.W. 1093 (Neb. 1895) 8
Einspahr v. Exch. Nat'l Bank, 68 N.W. 933 (Neb. 1896) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list