§ 24-304 — Terms of court, special

Nebraska § 24-304

• Jurisdiction: Nebraska
• Ch. 24: Courts

Text

A special term may be ordered and held by the district judge in any county in his district, for the transaction of any business, if he deem it necessary. In ordering a special term he shall direct whether a grand or petit jury, or both, shall be summoned.

Legislative History

Source: Laws 1879, § 25, p. 87; R.S.1913, § 1163; C.S.1922, § 1086; C.S.1929, § 27-304; R.S.1943, § 24-304. Annotations: A session of court held at other times than those fixed by law is a special term. Glebe v. State, 106 Neb. 251, 183 N.W. 295 (1921). Judge may call a special term if he deems it necessary. Russell v. State, 77 Neb. 519, 110 N.W. 380 (1906). Power was conferred of calling special terms for the purpose, among others, of expediting trials in criminal cases of persons incarcerated and unable to give bail. Welsh v. State, 60 Neb. 101, 82 N.W. 368 (1900). Judge is authorized to appoint and hold a special term in any county of his district. Nelson v. Alling, 58 Neb. 606, 79 N.W. 162 (1899); Nelson v. Farmland Security Co., 58 Neb. 604, 79 N.W. 161 (1899). Judge may direct summoning of jury as in regular terms. Judge acts under statute, not Constitution. McElvoy v. State, 9 Neb. 157, 2 N.W. 378 (1879). Record should show calling of special term. Burley v. State, 1 Neb. 385 (1871).