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SEC. 12. [Eligibility.]-No person shall be eligible to the office of judge of the supreme court unless he be at least thirty years of age and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election; nor unless he shall have been regularly admitted as an attorney in this state, and remained as an attorney in good standing at the bar thereof.
SEC. 13. [Jurisdiction.]-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, and habeas corpus, and shall have appellate and final jurisdiction of all matters of appeal and proceedings in error which may be taken from the judg ments or decrees of the district courts, in all matters of law, fact or equity, where the rules of law or the principles of equity appear from the files, exhibits, or records of said court to have been erroneously determined. [Const., Art. VI, § 2.]
SEC. 14. [Terms.]-Terms of the supreme court chall be held at the capitol, beginning on the first Tuesday in January and the third Tuesday in September of each year. [Amended 1889, chap. 46.]
SEC. 15. [Special terms.]-The judges of the supreme court, or a majority of them, are hereby authorized to appoint and hold a special term of said court at such time as they may designate, for disposing of the unfinished business of any general term of said court, and may appoint one special term of said court in any one year for general or special purposes.
SEC. 16. [Quorum.]—If a quorum is not in attendance on the first day of any term, the fact shall be entered on the journal by the clerk, and the court shall stand adjourned until the next day, and a like proceeding shall be had, from day to day, until the fourth day, and should there still be no quorum, the court will stand adjourned until the next term in course. No proceedings shall in any manner be affected by such adjournment, or failure to hold a court, but shall stand continued to the next term.
SEC. 17. [Reporter.]-The reporter of the supreme court, who under the provisions of section 8, article VI of the constitution, acts as clerk thereof, shall keep his office at the capital, shall be the custodian of the seal of said court, performing the duties devolving upon him by law, and be subject to the orders of the court. He shall receive an annual salary of $1,500, payable as the salary of other state officers is paid.
SEC. 18. [Opinions.]-The opinions of the court on all questions brought before them, as well as such motions, collateral questions, and points of practice as they may think of sufficient importance, shall be reduced to writing, filed with and recorded by the clerk of the court. All dissenting opinions must be written, filed, and recorded in the same manner.
SEC. 19. [Duties of reporter.]-It shall be the duty of the reporter of the supreme court to prepare the opinions of said court for publication as fast as they are delivered to him, and when sufficient material is accumulated to form a volume of not less than six hundred pages, he shall cause the same to be printed, stereotyped, and bound in a good and substantial manner, equal to volume four of said reports. He shall deliver one thousand copies of each volume, with the stereotyped plates thereof, to the auditor of public accounts, who shall draw his warrant in payment thereof, at the rate of two dollars and twenty-five cents ($2.25) per volume. The copyright of each volume shall be entered by said reporter for the benefit of the state, and all papers relating thereto shall be filed and recorded in the office of the secretary of state. The title of said volume shall be "Nebraska Reports," which, with the number of the volume, shall be printed on the back of each volume, and the reports of every case must show whether either, and if so which, judge dissented from the decision therein.
SEC. 20. [Reports to be sold.]-The supreme court reports shall be deposited in the state library. Copies thereof shall be distributed to each judge of the
SEC. 13. Supreme court has no jurisdiction to try a case at law de novo which has been brought to it by appeal. 2 Neb. 17. Has no jurisdiction as a court of equity in an original action to vacate a judgment and grant a new Mal in a criminal prosecution, 25 Neb. 347. As to proceedings in exercise of original jurisdiction, see chap. 71. Further questions relative to jurisdiction, see note to sec. 582, Civil Code. Can appoint receiver to wind up affairs of bank. 28 Neb. 78.
SEC. 19. Duty of reporter in publication of reports. 15 Neb. 696.
supreme, district, and county court, to each state and territorial library, to each officer of the executive department of this state, and to each judge of the United States district and circuit courts of this state; and to the library of congress, two copies. The reporter shall be permitted to distribute such a number of copies as he sees fit, not exceeding ten of each volume, for notice in law periodicals published in the United States. The balance of said reports shall be sold as called for at the rate of $2.50 per volume. The money arising from such sales shall be paid into the treasury and constitute a library fund to be expended in the purchase of books for the benefit of the library. The accounts for such purchases shall be audited and paid as other accounts against the state are audited and paid, warrants therefor to be drawn on the library fund. Exclanges of said volumes may also be made with book publishers for books of equal value to the amount of said exchanges at the rate per volume hereinbefore provided for.
SEC. 21. [Additional volumes.]-Whenever the edition of any volume of reports, the copyright and plates of which are owned by the state, shall become exhausted, it shall be the duty of the reporter to cause to be printed from the stereotyped plates of such volume, and bound in uniform style with the first edition thereof, five hundred additional volumes, to be sold as herein provided. Upon the delivery of such subsequent edition the auditor of public accounts shall draw his warrants on the treasury in payment thereof at the rate of $1.25 per volume.
SEC. 22. [Bailiffs.]-The court may also appoint not exceeding two bailiffs, who shall receive the compensation allowed by law, to be paid as other claims upon the state treasury are paid, upon a certificate of the clerk of the supreme court stating the number of days of service rendered by said bailiffs. Such bailiffs shall have power to serve any process issuing out of said court in the exercise of its original jurisdiction, and shall receive the same fees as sheriffs for similar services.
SEC. 22 a. [Stenographers.]—Each of the judges of the supreme court of this state are authorized and empowered to appoint a stenographer, or clerk, to assist them in the mechanical or clerical duties of their office. [1887, chap. 32.]
SEC. 22 b. [Duties.]-Each stenographer or clerk, so appointed, shall reside in the same city with the judge appointing him, and perform such clerical work as may be assigned to him. [Id. § 2.
SEC. 22 c. [Pay.]-Each stenographer or clerk shall receive compensation at the rate of four ($4.00) dollars per day while actually employed, payable from the treasury, out of the general fund. [Id. § 3.]
SEC. 22 d. [Same.]-For the carrying the provisions out of this act, the auditor is hereby authorized and directed to draw his warrant on the general fund, upon the presentation of the proper vouchers, approved by the judges of the supreme court, for the amounts named therein.
SEC. 23. [Eligibility of district judge.]—No person shall be eligible to the office of district judge in any of said districts unless he is also eligible to the office of supreme judge.
SEC. 24. [Jurisdiction.-The district courts shall have and exercise general, original, and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided. [Const., Art. VI, § 9.]
SEC. 25. [Special term.]—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.
SEC. 22 a-d. "An act to provide for stenographers, or clerks for the judges of the supreme court, to define their duties, and provide for their salaries." Laws 1887, chap. 32. Took effect July 1, 1887. SEC. 24. 4 Neb. 94. Jurisdiction not limited to statutory provisions. 27 Neb. 277. SEC. 25. A judge in calling a term cannot direct the sheriff to summon jurors. juries shall be summoned, and such juries must be drawn as for regular terms of court. over lands of United States ceded. Sec. 5, chap. 83, Art. XIII.
He must direct whether 6 Neb. 163. Jurisdiction
SEC. 26. [Judges may interchange.]—The district judges may interchange, and hold each other's courts; and whenever it shall appear by affidavit, to the satisfaction of any district judge in the state, that the judge of any other district is unable to act, on account of sickness, interest, or absence from the district, or from any other cause, the judge to whom application may be made shall have power to make any order, or do any act relative to any suit, judicial matter, or proceeding, or to any special matter arising within the district where such vacancy or disability exists, which the judge of such district court could make or do; and the order or act shall have the same effect as if made or done by the judge of such district.
SEC. 27. [Record of proceedings.]-The clerk of each district court shall keep a record of the proceedings of the court, under the direction of the judge. He shall, if the business of the court does not prevent, make up the record of each day's proceedings before the opening of court on the next day, and the first business of each day, after the first. shall be read in open court, and if found correct shall be signed in open court by the judge. The proceedings, including those of the last day of the ses sion, shall be made up and signed by the judge before the final order of adjournment is uade.
SEC. 28. [Rule to inferior tribunal.]—The district court may, by rule, compel an inferior court or board to allow an appeal, or to make or amend records ac cording to law, either by correcting an evident mistake or supplying an evident omission.
SEC. 29. [Absence of judge.]-If the judge does not appear on the day appointed for holding the court, the clerk shall make an entry thereof in his record, and adjourn the court until the next day, and so on until the fourth day, unless the judge
SEC. 30. [Adjournment.]—If the judge does not appear by five o'clock in the afternoon of the fourth day, the court shall stand adjourned till the next regular
SEC. 31. [Same.]-If the judge is sick, or for any other sufficient cause is unable to attend court at the regularly appointed time, he may, by a written order, direct an adjournment to a particular day therein specified, and the clerk shall, on the first day of the term, or as soon thereafter as he receive the order, adjourn the court as therein directed.
SEC. 32. [Proceedings not affected.]-No recognizance, or other instrument or proceeding, shall be rendered invalid by reason of there being a failure of the term, but all proceedings pending in court shall be continued to the next regular or special term. unless an adjournment be made as authorized in the last preceding section.
SEC. 33. [Persons recognized.]-In case of such continuances or adjournments, persons recognized or bound to appear at the regular term, which has failed as aforesaid, shall be held bound, in like manner, to appear at the time so fixed, and their sureties (if any) shall be liable, in case of their non-appearance, in the same manner as though the term had been held at the regular time, and they had failed to make their appearance thereat.
SEC. 34. [Final adjournment.]-Upon any final adjournment of the court all business, not otherwise disposed of, shall stand continued generally.
SEC. 35. [Proceedings to be public.]—All judicial proceedings must be public, unless otherwise specially provided by statute.
SEC. 36. [Who to administer oaths.]—All courts have power to adminis
SEC. 26. Granting temporary injunction. 7 Neb. 386. Holding courts for each other. 14 Neb. 539. SEC. 27. Entries on journal. 2 Neb. 64. Approved entry is evidence of judgment. 9 Id. 76. May be amended. 6 Id. 281. 9 Id. 220. 2 Id. 139. Failure of judge to sign does not invalidate judgment. 15 Id. 179. Supreme court has no jurisdiction or authority to exercise the functions of the district court in the matter of the preparation of the records of said court. 25 Neb. 224. See also dissenting opinion of Reese Ch. J. 25 Neb. 796. SEC. 31. Reasons for adjournment not subject to review. 4 Neb. 285. Operates as continuance of cause to next terin. 14 Neb. 505. Adjourment to Thanksgiving day, held, a nullity. 14 Id. 546.
ter oaths connected with any matter pending before them, either by any judge, justice, or clerk thereof, or by any other person appointed for that purpose by them.
SEC. 37. [Cases in which judge is disqualified.]—A judge or justice is disqualified from acting as such, except by mutual consent of parties, in any case wherein he is a party, or interested, or where he is related to either party by consanguinity or affinity within the fourth degree, or where he has been attorney for either party in the action or proceeding, and such mutual consent must be in writing and made a part of the record.
SEC. 38. [Business on Sunday and holiday.]-No court can be opened, nor can any judicial business be transacted, on Sunday, or on any legal holiday, except -1st. To give instructions to a jury then deliberating on their verdict. 2nd. To receive a verdict or discharge a jury. 3rd. To exercise the powers of a single magistrate in a criminal proceeding. 4th. To grant or refuse a temporary injunction or restraining order. [Amended 1889, chap. 32.]
SEC. 39. [Jurisdiction at chambers.]—A judge of the district court may sit at chambers anywhere within his district for the purpose of, -1. Granting, dissolving, or modifying temporary injunctions. 2. Confirming judicial sales. 3. Discharging attachments. 4. Hearing proceedings in "aid of execution." 5. Hearing application for sale of personal property held under attachment. 6. Hearing application for the appointment of a receiver or to discharge one already appointed, or to modify the order appointing one. 7. Hearing an application for additional security. 8. Hearing an application for mandamus or habeas corpus. 9. To discharge such other duties or to exercise such other powers as may be conferred upon a judge in contradistinction to a court. 10. For the purpose of receiving a plea of "guilty" from any person charged with a felony, and passing sentence thereon, upon reasonable notice to the prosecuting attorney.
SEC. 40. [Same.]-In hearing any matters mentioned in subdivisions 2, 3, 4, 5 and 7, of the preceding section, the same shall be had in the county where the action is pending or the property is situated.
SEC. 41. [Court commissioner.-The judge of each judicial district shall appoint some suitable person in each county of his district as a court commissioner, who shall hold his office during the pleasure of such judge. Such commissioner must be an attorney at law in good standing, and must have been engaged in practice as such attorney at least five years, and have practiced in this state at least two years. He shall, before entering upon the duties of his office, give a bond and take the oath of office required by law to be given and taken by county judges; and shall receive the same fees for like services. He shall perform such duties and exercise such powers as are imposed or conferred upon him by the laws of the state.
SEC. 42. [Terms of court.]—The judges of the district court shall, on the first day of January of each year, fix the time of holding terms of court in the counties composing their respective districts, during the ensuing year, and cause the same to be published throughout the district, if the same can be done without expense. The clerk of each district court shall note on the bar docket of each term the time so fixed for holding court in his county. The terms shall be so fixed as not to conflict with the time fixed by rules of the supreme court for the hearing of causes therein from said districts. The clerk of the supreme court shall, before the first day of Jauuary of each year, notify each district judge of the times fixed by the supreme court for the hearing of causes from his district. All terms of the district court shall be held at the county seat in the court house, or other place provided by the county board. Terms of court SEC. 38. Where verdict in justice court is received on Sunday, it is the duty of the justice to render judgment Immediately upon receipt of the verdict. 13 Neb. 288. Adjournment of court to and opening of it on Thanksgiv Ang day, no step in the case being taken on that day, is no cause for a new trial. 14 Neb. 546. Property cannot be seized by replevin on Sunday. 16 Neb. 653. An order made by county court on a legal holiday continuing a case to the subsequent term, held, to be a nullity. 17 Neb. 700. Where cause is continued to a day on which the court is prohibited from transacting business, continuance will extend to the first day thereafter on which it can legally transact business. 23 Neb. 546.
SEC. 39. Mandamus cannot be issued in vacation. 10 Neb. 476. But see sec. 57.
may be held at the same time in different counties in the same judicial district, by the judge of the district court thereof, if there be more than one, and upon request of the judge or judges of such court, any term in such district may be held by a judge of the district court of any other district of the state. When necessary, the district court sitting in any county may be continued into and held during the time fixed for holding such court in any other county within the district, or may be adjourned and held beyond such time. [Amended 1885, chap. 45.]
SEC. 43. [Deputy clerks.]--The clerk of the supreme court, and of the several district courts in this state, shall have power to appoint deputies; and deputies of the district clerks shall be residents of the counties in and for which they act. Such deputies shall be sworn faithfully to perform the duties of their office, before they enter upon those duties.
SEC. 44. [Clerks liable for official acts of deputies.]-Every clerk appointing a deputy under the provisions of this chapter shall be liable for all the official acts of said deputy clerk.
SEC. 45. [Short-hand reporter.]—There shall be appointed within and for each of the judicial districts of this state, by the district judge, a stenographic reporter who shall be well skilled in the art of stenography, and capable of reporting the oral proceedings had in court, verbatim, and said reporter or his deputy shall not be allowed to practice law in the district court within and for the district he is appointed during the tenure of his office as such stenographer. [Amended 1889, chap. 45.]
SEC. 46. [Oath and salary.]--The said reporter shall take the oath required to be taken by judicial officers, shall hold his office during the pleasure of the district judge, and receive an annual salary of $1,500, to be paid by the state as the salary of other officers is paid.
SEC. 47. [Duties.]-The said reporter shall attend all terms of the district court, held within and for the district for which he is appointed, and shall make a stenographic report of all oral proceedings had in such court, including the testimony of witnesses, with the questions to them, verbatim, and any further proceedings or matter when directed by the presiding judge so to do; but the parties may, with the consent of the judge, waive the recording by such reporter of any part of the proceedings herein required to be taken; this shall not include arguments to the jury. And whenever, during the progress of the cause, any question arises as to the admissibility or rejection of evidence or any other matter causing an argument to the court, such argument shall not be recorded by the reporter, but he shall briefly note the objection made and the ruling of the court thereon, and any exceptions taken by either party to such ruling.
SEC. 48. [Office.]-The said reporter shall keep and maintain an office within the district for which he shall be appointed, and shall keep and preserve in his said office all stenographic reports made by him as in this subdivision required. Such records shall be the property of the state, and upon the termination of his office the said reporter shall deliver the same to his successor in office.
SEC. 49. [Duties.]-It shall be the duty of such reporter to furnish, on the application of the district attorney or any party to a suit in which a stenographic record of proceedings has been made, a long-hand copy of the proceedings so recorded, or any part thereof, for which he shall be entitled to receive, in addition to his salary, a fee of five cents per hundred words, to be paid by the party requesting the same, except where such copy is required by the district attorney on the part of the state, in which case the reporter shall furnish such copy without the payment of any fee; Provided also, That in all criminal cases wherein, after conviction, the defendant shall make an affidavit that he is unable, by reason of his poverty, to pay for such copy, the court or judge thereof may, by order endorsed on such affidavit, direct the reporter to make such copy
SEC. 45. Cited 25 Neb. 670.
SECS. 49. One convicted of felony must pay for transcript. 8 Neb. 23. If a party is deprived of the transcript by fault of the reporter, so that he is thereby deprived of his bill of exceptions, the court will in a proper case grant him a new trial. 10 Neb. 451. Transcripts must be certified to by reporter. 19 Neb. 346.