Melcher v. Haley

Decided June 21, 1899

Nebraska Supreme Court · decided 1899-06-21

<p>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.</p>

Cited by 1 later decisions — most recently March 1960

1 state decisions

Relies on Bailey v. Eastman · First National Bank v. Noble · Union Pacific Railway Co. v. Young

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1899-06-21

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Nor val, J.

¶1Attached 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.)

¶2Dismissed.