§ 25-1140.08 — Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court

Nebraska § 25-1140.08

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

This section shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any reporter approved by the officer, board, or tribunal from which the appeal or error proceeding is taken may attend and record the trial or proceedings. Upon the filing of a praecipe therefor by any party within the time allowed for filing of notice of appeal or petition in error, the reporter shall prepare a bill of exceptions. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment shall be regulated and governed by rules of practice prescribed by the Supreme Court.

Legislative History

Source: R.S.1867, Code § 311, p. 446; Laws 1877, § 2, p. 11; Laws 1881, c. 27, § 2, p. 202; Laws 1895, c. 72, § 1, p. 311; R.S.1913, § 7880; C.S.1922, § 8823; Laws 1923, c. 114, § 1, p. 273; C.S.1929, § 20-1140; R.S.1943, § 25-1140; Laws 1947, c. 83, § 1(9), p. 260; Laws 1959, c. 104, § 2, p. 431. Annotations: 1. Workers' Compensation Court 2. Public Service Commission 3. County board 4. County court 5. Miscellaneous 1. Workers' Compensation Court A bill of exceptions on appeal from the district court in a workmen's compensation case must be prepared, served, settled and filed in accordance with this section. Gilmore v. State, 148 Neb. 10, 26 N.W.2d 296 (1947); Ratay v. Wylie, 147 Neb. 201, 22 N.W.2d 622 (1946). 2. Public Service Commission This section does not apply to bill of exceptions on appeals from the State Railway Commission. In re Application of Moritz v. State Railway Commission, 147 Neb. 400, 23 N.W.2d 545 (1946). 3. County board A bill of exceptions may be preserved from the county court. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954). In case before county board, bill of exceptions must be authenticated by county clerk. Union P. R. R. Co. v. Colfax County, 84 Neb. 778, 122 N.W. 29 (1909). 4. County court Procedure in county court as to bill of exceptions is same as in justice court. Sedgwick v. Durham, 45 Neb. 86, 63 N.W. 142 (1895). In term case in county court, judge may sign bill any time during term. Osborne v. Canfield, 33 Neb. 330, 50 N.W. 167 (1891). 5. Miscellaneous Requirement of bill of exceptions is applicable to review action of State Board of Equalization. State ex rel. U. P. R. R. Co. v. State Board of Equalization & Assessment, 81 Neb. 139, 115 N.W. 789 (1908). Bill of exceptions should be obtained to review ruling of county board of equalization. Field v. Nebraska Tel. Co., 74 Neb. 419, 104 N.W. 932 (1905). Referee may certify, where trial before him; judge or clerk cannot. Disbrow & Co. v. McNish, 52 Neb. 309, 72 N.W. 216 (1897).