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Melcher v. Haley

J. E. Melcher v. J. L. Haley

Melcher v. Haley, 79 N.W. 707 (Neb. 1899)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
June 21, 1899
Docket
No. 8952
Judges
Val
Citations
79 N.W. 70758 Neb. 7291899 Neb. LEXIS 274
Disposition
Dismissed.
Headnotes
U'nauthenticated Transcript of Judgment: Review. A petition in error will be dismissed when the final judgment or order assailed is not authenticated by the certificate of the clerk of the trial court.
Summary
Error from the district court of Stanton county. Tried below before Evans, 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 — Val

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

Nor val, J.

Attached to the record is the certificate of the clerk of the district court stating “that the foregoing is the original bill of exceptions in said cause, and also a true and perfect transcript of the petition, answer, reply, instructions, verdict, motion for a new trial, and order of extension of time in said action, as the same are on file and of record in my office.” It wall be observed that the final judgment in the cause is not authenticated, and for this reason the proceeding in error must be dismissed. (Bailey v. Eastman, 54 Neb. 416 , and cases there cited; Geneva Nat. Bank v. Donovan, 53 Neb. 613 ; Union P. R. Co. v. Young, 52 Neb. 190 ; First Nat. Bank of Pierce v. Noble, 52 Neb. 507 .)

Dismissed.

How later courts describe this case

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

1960: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. Anania v. City of Omaha102 N.W.2d 49 (Neb. 1960)

Most recent

  1. Anania v. City of Omaha102 N.W.2d 49 (Neb. 1960)

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 4

DepthCaseCited by
Bailey v. Eastman, 74 N.W. 959 (Neb. 1898) 2
Union Pac. Ry. Co. v. Young, 71 N.W. 1014 (Neb. 1897) 1
First Nat'l Bank v. Noble, 72 N.W. 857 (Neb. 1897) 1
Geneva Nat'l Bank v. Donovan, 74 N.W. 33 (Neb. 1898) 1

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