There is a newer version of the Nebraska Revised Statutes
2023
2022
2021
2020
2019
Other previous versions
View our newest version here

2012 Nebraska Revised Statutes
Chapter 24 - COURTS
24-337 - Clerk of district court; duty to record proceedings; when made up and signed.


NE Code § 24-337 (2012) What's This?
24-337. Clerk of district court; duty to record proceedings; when made up and signed.

The clerk of each district court shall keep a record of the proceedings of the court, under the direction of the judge. The proceedings, including those of the last day of the session, shall be made up and signed by the judge before the final order of adjournment is made.

Source
    Laws 1879, § 27, p. 88;
    R.S.1913, § 1193;
    C.S.1922, § 1116;
    C.S.1929, § 27-334;
    R.S.1943, § 24-337.

Cross References
    Amercement for neglect of duty, see section 25-1546.
    Clerks and assistants, see section 23-1111.
    Duties, general provisions, see sections 25-2204 to 25-2214.01.
    Duty to report divorces and annulments monthly, see section 71-615.
    Election and term, see section 32-524.
    Mileage, see sections 23-1112 and 23-1112.01.
    Not to practice as an attorney, see section 7-111.
    Oaths and affirmations, power to administer, see section 24-1002.
    Salary, see section 23-1114.
    Vacancy:
    How filled, see section 32-567.
    Possession and control of office by deputy, see section 32-563.
Annotations
Journal entry is not impeachable by notes in judge's docket. Barker v. State, 54 Neb. 53, 74 N.W. 427 (1898); Gage v. Bloomington Town Co., 37 Neb. 699, 56 N.W. 491 (1893).

Where correction is made at succeeding term, notice is necessary. Brownlee v. Davidson, 28 Neb. 785, 45 N.W. 51 (1890).

In case of discharge of jury, reasons should be entered on record. Conklin v. State, 25 Neb. 784, 41 N.W. 788 (1889).

Supreme Court does not have jurisdiction to direct the ministerial officers of the district court in the discharge of their duties. State ex rel. Wilkins v. LeFevre, 25 Neb. 223, 41 N.W. 184 (1888).

Failure of judge to sign record does not render decree void. Fouts v. Mann, 15 Neb. 172, 18 N.W. 64 (1883).

Power to correct record to conform with facts is not affected by appeal. Wise v. Frey, 9 Neb. 217, 2 N.W. 375 (1879).

Approved journal entry is conclusive evidence of what judgment was. Findley v. Bowers, 9 Neb. 72, 2 N.W. 349 (1879).

Nunc pro tunc order may be based on own notes or other evidence. Garrison v. State, 6 Neb. 274 (1877); Morrill v. McNeill, 1 Neb. Unof. 651, 91 N.W. 601 (1901).

Entry of notes by clerk is improper. Nuckolls v. Irwin, 2 Neb. 60 (1873).

Journal is authentic evidence of judgments. Morrill v. McNeill, 1 Neb. Unof. 651, 91 N.W. 601 (1901).

Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.