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2019 Nebraska Revised Statutes
Chapter 25 - COURTS; CIVIL PROCEDURE
25-1282 Official records; proof of lack of record.
Universal Citation: NE Code § 25-1282 (2019)
25-1282. Official records; proof of lack of record.
The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.
Source
- R.S.1867, Code § 410, p. 462;
- R.S.1913, § 7975;
- C.S.1922, § 8916;
- C.S.1929, § 20-1282;
- R.S.1943, § 25-1282.
Annotations
Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).
Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).
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