Campbell v. City of Ogallala

Nebraska Supreme Court

Campbell v. City of Ogallala

134 N.W.2d 597, 178 Neb. 663, 1965 Neb. LEXIS 553

CourtNebraska Supreme Court

DecidedApril 16, 1965

DocketNo. 35885

StatusPublished

Cited by1 cases

This text of 134 N.W.2d 597 (Campbell v. City of Ogallala) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. City of Ogallala, 134 N.W.2d 597, 178 Neb. 663, 1965 Neb. LEXIS 553 (Neb. 1965).

Pincite

Opinion

Smith, J.

A summons failed to notify defendants that the petition which had been filed against them was a petition in error. The phrase “in error” was also omitted from the praecipe. The district court sustained a special appearance and dismissed the proceeding in error.

The phrase is said to be a jurisdictional feature of the statutes. “* * * The summons shall notify the adverse party that a petition in error has been filed * * *.” § 25-1903, R. R. S. 1943. “The summons * * * shall, upon * * * written praecipe * * *, be issued * * *.” § 25-1904, R.'R. S. 1943.

The omission was a noncompliance with a directory [664]*664provision; i. e., the jurisdictional requirements do not include this phrase. See, From v. Sutton, 156 Neb. 411, 56 N. W. 2d 441; cf. Keil v. Farmers Irr. Dist., 119 Neb. 503, 229 N. W. 898. The defect was formal.

The judgment should be and is reversed, and the cause is remanded.

Reversed and remanded.

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