§ 24-204 — Jurisdiction, original, appellate, and final

Nebraska § 24-204

• Jurisdiction: Nebraska
• Ch. 24: Courts

Text

The Supreme Court shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and election contests involving state officers other than members of the Legislature and shall have appellate and final jurisdiction of all matters of appeal and proceedings in error which may be taken from the judgments or decrees of other courts in all matters of law, fact, or equity when the rules of law or the principles of equity appear from the files, exhibits, or records of the court to have been erroneously determined.

Legislative History

Source: Laws 1879, § 13, p. 84; R.S.1913, § 1140; C.S.1922, § 1069; C.S.1929, § 27-204; R.S.1943, § 24-204; Laws 1971, LB 10, § 1; Laws 1991, LB 732, § 32. Annotations: 1. Jurisdiction in general 2. Original jurisdiction 3. No original jurisdiction 4. Appellate jurisdiction 5. Miscellaneous 1. Jurisdiction in general Proceedings, without jurisdiction of party, are void. Omaha Nat. Bank v. Robinson, 73 Neb. 351, 102 N.W. 613 (1905), affirmed on rehearing, 73 Neb. 353, 104 N.W. 1070 (1905). Jurisdiction of subject matter is power to hear cause. Barry v. State ex rel. Hampton, 57 Neb. 464, 77 N.W. 1096 (1899). Jurisdiction in quo warranto will be exercised even though procedure to be followed has not been prescribed by the Legislature. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898). Legislature cannot enlarge jurisdiction. State ex rel. King v. Hall, 47 Neb. 579, 66 N.W. 642 (1896). Original jurisdiction is limited by Constitution, and appellate, by statute. Johnson v. Parrotte, 46 Neb. 51, 64 N.W. 363 (1895). The validity of the removal of a public officer, and the title of the person removed, or of a new appointee to the office, may be tried by quo warranto or mandamus. In re Sawyer, 124 U.S. 200 (1888). 2. Original jurisdiction Supreme Court had original jurisdiction of declaratory judgment action relating to the revenue of the state. Anderson v. Herrington, 169 Neb. 391, 99 N.W.2d 621 (1959). Supreme Court has original jurisdiction in quo warranto. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955). Original action in mandamus will lie in Supreme Court to compel district court to vacate void injunction. State ex rel. Reynolds v. Graves, 66 Neb. 17, 92 N.W. 144 (1902). Supreme Court has original jurisdiction in mandamus to compel county clerk to place name on ballot. State ex rel. Whedon v. Smith, 57 Neb. 41, 77 N.W. 384 (1898). Where state is real party, having direct interest, Supreme Court has original jurisdiction. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894). Habeas corpus cannot operate as writ of error. In re Betts, 36 Neb. 282, 54 N.W. 524 (1893). Supreme Court has original jurisdiction of habeas corpus, but single judge cannot grant writ. In re White, 33 Neb. 812, 51 N.W. 287 (1892). Supreme Court has original jurisdiction to appoint receiver of bank. State v. Commercial State Bank, 28 Neb. 677, 44 N.W. 998 (1890). An original application for habeas corpus may be filed in the Supreme Court of Nebraska. Ex parte Leslie Williams, 317 U.S. 604 (1942). Supreme Court is given original jurisdiction in habeas corpus matters. Graminea v. State, 206 F.Supp. 308 (D. Neb. 1962). 3. No original jurisdiction Supreme Court has no original probate jurisdiction. Fitzgerald v. Fitzgerald & Mallory Constr. Co., 48 Neb. 386, 67 N.W. 158 (1896). Supreme Court has no original jurisdiction to issue writ of prohibition. State ex rel. King v. Hall, 47 Neb. 579, 66 N.W. 642 (1896). Where state is not a party, Supreme Court has no original jurisdiction of creditor's suit to appoint receiver for bank. State v. State Bank of Wahoo, 40 Neb. 192, 58 N.W. 863 (1894). Unless some good reason is shown for not applying to district court, Supreme Court will not entertain an original application for mandamus. State ex rel. Wyckoff v. Merrell, 38 Neb. 510, 56 N.W. 1082 (1893). Mandamus to enforce private right should be commenced in district court. State ex rel. Herpolsheimer & Co. v. Lincoln Gas Co., 38 Neb. 33, 56 N.W. 789 (1893). Supreme Court has no original jurisdiction in equity, to vacate judgment, and grant new trial to accused. Paulson v. State, 25 Neb. 344, 41 N.W. 249 (1889). 4. Appellate jurisdiction Appellate jurisdiction includes power to direct further proceedings to be taken in the case. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956). Supreme Court has jurisdiction of error proceeding even though district court was without jurisdiction of subject matter. Armstrong v. Mayer, 60 Neb. 423, 83 N.W. 401 (1900). Appellate jurisdiction in error proceedings is limited to final orders and judgments of district court. Marrow v. Gilbert, 52 Neb. 195, 71 N.W. 1014 (1897). On appeal in law action, there is no trial de novo. Robertson v. Hall, 2 Neb. 17 (1873). 5. Miscellaneous Court has power to provide by rule for exercise of jurisdiction expressly conferred. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894). Under Nebraska law, scope of remedy of writ of habeas corpus is limited. Shupe v. Sigler, 230 F.Supp. 601 (D. Neb. 1964).