§ 25-2201 — Process; style

Nebraska § 25-2201

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

Text

The style of all processes shall be "The State of Nebraska, .............. county." It shall be under the seal of the court from whence the same shall issue, shall be signed by the clerk, and dated the day it issued.

Legislative History

Source: R.S.1867, Code § 880, p. 547; R.S.1913, § 8549; C.S.1922, § 9500; C.S.1929, § 20-2201; R.S.1943, § 25-2201. Cross References: Constitutional requirements, see Article V, section 24, Constitution of Nebraska. Annotations: Summons with venue laid in county where action was brought, but directed to sheriff of another county for service upon defendant there, was proper. Alden Merc. Co. v. Randall, 102 Neb. 738, 169 N.W. 433 (1918). Presumption exists that original summons was issued under seal. Herold v. Coates, 88 Neb. 487, 129 N.W. 998 (1911). Legislature intended to establish a uniform rule with respect to legal procedure. Motion for new trial may be filed on Memorial Day. Tully v. Grand Island Tel. Co., 87 Neb. 822, 128 N.W. 508 (1910). Writ of mandamus must be issued by clerk under seal of court. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910). Process headed, "The State of Nebraska, County of Gage, to the sheriff of said county," was proper. Hoyt v. Little, 55 Neb. 71, 75 N.W. 56 (1898). Process for violation of city ordinance should run in the name of "The People of the State of Nebraska" and not in name of city. City of Brownville v. Cook, 4 Neb. 101 (1875).