P. Brockman Comm'n Co. v. Sang

• Citation: 72 N.W. 856,52 Neb. 506
• Parties: P. BROCKMAN COMMISSION CO. v. SANG.
• Decision Date: 04 November 1897
• Court: Supreme Court of Nebraska

52 Neb. 506

72 N.W. 856

P. BROCKMAN COMMISSION CO.

v.SANG.

Supreme Court of Nebraska.

Nov. 4, 1897.

Syllabus by the Court.

This court does not acquire jurisdiction of a cause brought here on appeal or error where the transcript of the judgment or final order sought to be reviewed has not been properly authenticated by the clerk of the district court.

Error to district court, Butler county; Wheeler, Judge.

Action by the P. Brockman Commission Company, a corporation, against Charles Sang. Judgment for defendant. Plaintiff brings error. Dismissed.Batty & Dungan, for plaintiff in error.

Matt Miller, for defendant in error.

NORVAL, J.

This petition in error must be dismissed for the reason that the same is predicated upon a transcript which is not properly authenticated by the clerk of the trial court. The certificate of that officer appended to the transcript merely authenticates the pleadings included therein as being true copies of the originals filed in the case. The proceedings in the court below and the judgment sought to be reviewed are in no manner mentioned in said certificate, or otherwise authenticated. Section 586 of the Code of Civil Procedure requires the plaintiff in error to file with his petition “a transcript of the proceedings containing the final judgment or order sought to be reversed, vacated, or modified.” This transcript must be properly authenticated, else the appellate court will not acquire jurisdiction of the cause. McDonald v. Penniston, 1 Neb. 324;Moore v. Waterman, 40 Neb. 498, 58 N. W. 940;McDonald v. Grabow, 46 Neb. 406, 64 N. W. 1093;Otis v. Butters, 46 Neb. 492, 64 N. W. 1093;Einspahr v. Bank, 49 Neb. 557, 68 N. W. 933. The petition in error is dismissed.