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Rooney v. Farrell

Peter Rooney v. Catharine Farrell

Rooney v. Farrell, 87 N.W. 338 (Neb. 1901)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
October 1, 1901
Docket
No. 9,454
Judges
Norval, Sullivan, Voting
Citations
87 N.W. 33862 Neb. 6111901 Neb. LEXIS 247
Disposition
Dismissed.
Headnotes
Error Proceeding Will Be Dismissed When Judgment Is Not Certified. A petition in error will be dismissed when the final judgment assailed is not authenticated by the certificate of the court below.
Summary
Error from the district court for Dakota 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 — Norval

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Norval, C. J.

There is attached to this transcript the certificate of the clerk of the district court stating “that the foregoing *612 is a true and perfect transcript of the petition, answer, reply, instructions given and excepted to in said action, the verdict, motion for a new trial and motion to retax costs in said action, together with the appeal bond, as the same are on file and of record in my office.” The transcript is not otherwise authenticated. It will be observed that the certificate of the clerk of the trial court makes no mention of, or in any manner authenticates, the final judgment in the cause. It follows that this court is without jurisdiction. Littell v. Cross, 58 Nebr., 594; Melcher v. Haley, 58 Nebr., 729. The petition in error is

Dismissed.

Sullivan, J., absent, not voting.

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)

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