2006 Nebraska Revised Statutes - § 67-104 — Partnership; certificates; recording; fees; record as evidence; effect.

Section 67-104
Partnership; certificates; recording; fees; record as evidence; effect.

The county clerk of each county shall keep a book for the purpose of recording such certificates and proofs of publication, and shall receive the same fees therefor as for recording other instruments, and such record or a certified transcript thereof shall be prima facie evidence in any court in this state of any of the facts therein set forth.

Source:

Laws 1875, § 2, p. 178

R.S.1913, § 5768

C.S.1922, § 5113

C.S.1929, § 67-102

Laws 1941, c. 135, § 2, p. 540

C.S.Supp.,1941, § 67-102

Termination date January 1, 2001

Annotations:

This section makes the certificate only prima facie evidence, and does not have the effect of making it the sole or exclusive evidence of existence of the partnership. Schneider v. Patterson, 38 Neb. 680, 57 N.W. 398 (1894).

Where no certificate of partnership was recorded, public is not chargeable with notice of existence of partnership. Warren & Co. v. Martin, 24 Neb. 273, 38 N.W. 849 (1888).

Certificate of partnership, as shown by records of the county, is admissible for the purpose of showing the names of the members of such partnership. Milligan & Co. v. Butcher, 23 Neb. 683, 37 N.W. 596 (1888).

~Reissue Revised Statutes of Nebraska