Rhodes v. Houston, 35039
| Decision Date | 28 April 1961 |
| Docket Number | No. 35039,35039 |
| Citation | 172 Neb. 177,108 N.W.2d 807 |
| Parties | Paul E. RHODES, Appellant, v. Norval HOUSTON, Sheriff of Morrill County, Nebraska, and Norval Houston, Appellees. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. The rulings of a district court cannot be reviewed in the Supreme Court upon appeal before a judgment or final order has been entered in the action in the district court.
2. An appeal to the Supreme Court cannot be taken from an order or judgment of a district court in a habeas corpus proceeding where the order or judgment does not conclude or terminate the proceeding.
Paul E. Rhodes, pro se.
Clarence A. H. Meyer, Atty. Gen., Rush C. Clarke, Sp. Asst. Atty. Gen., James L. Macken, Bridgeport, for appellees.
Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.
This matter is before the court upon the motion of appellee to dismiss the appeal. The appeal is from the 'judgment' of the district court for Morrill County of February 25, 1961, 'together with denial of Motions of Relator of April 26, 1960 and other rulings of court adverse to relator.'
This is a proceeding upon a petition for a writ of habeas corpus originally filed in the county court of Morrill County, Nebraska. The county court discharged the relator. The respondent, the sheriff of Morrill County, Nebraska, then appealed to the district court where the action is now pending.
The 'judgment' of February 25, 1961, referred to by the relator who is the appellant here, is an order overruling several motions filed by the relator. One of the motions filed April 26, 1960, was a motion to strike the return or certain parts thereof. A motion filed July 20, 1960, requested that the relator be discharged from custody for the reason that the return failed to set forth the authority for the imprisonment of the relator as required by section 29- 2817, R.R.S.1943. A motion filed February 15, 1961, alleged that the relator was imprisoned in the penitentiary under a sentence for contempt of court which was alleged to be illegal and void and requested that the warden be required to show cause for the imprisonment of the relator and that, upon hearing, the relator be released from imprisonment. This last motion is an attempt to inject an issue into this case that was not before the county court and, properly, cannot be before the district court on appeal.
The appellate jurisdiction of the Supreme Court with respect to matters appealed from the...
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Rhodes v. Meyer
...is affirmed. 1 See also the following Nebraska Supreme Court opinions casting some light upon the issues here present: Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (habeas corpus); Rhodes v. Sigler, 172 Neb. 439, 109 N.W.2d 731 (habeas corpus); Rhodes v. Crites, 173 Neb. 501, 113 N.W.2d ......
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Rhodes v. Meyer
...references to the state court cases lead the court to the somewhat related opinions of the Supreme Court of Nebraska in Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807; Rhodes v. Crites, 173 Neb. 501, 113 N.W.2d 611; Rhodes v. Sigler, 172 Neb. 439, 109 N.W.2d 731; and McFarland v. State, 17......
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Rhodes v. Van Steenberg
...in the present litigation, the court does refer (in addition to the cases already cited) to the related rulings in Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807; Rhodes v. Crites, 173 Neb. 501, 113 N.W.2d 611; and Rhodes v. Star Herald Printing Company, 173 Neb. 496, 113 N.W.2d 658. At le......
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Rhodes v. Houston, 18889
...U.S. 999, 87 S.Ct. 1321, 18 L.Ed.2d 349. 2 We note among the reported cases, in addition to those hereinabove cited: Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961); McFarland v. State, 172 Neb. 251, 109 N.W.2d 397 (1961); Rhodes v. Sigler, 172 Neb. 439, 109 N.W. 2d 731 (1961), cert.......
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What's So Special About Special Proceedings? Making Sense of Nebraska's Final Order Statute
...185-87. 208. See In re Application for Writ of Habeas Corpus, 144 Neb. 820, 827, 14 N.W.2d 840, 843-44 (1944). 209. See Rhodes v. Houston, 172 Neb. 177, 179, 108 N.W.2d 807, 808 (1961). 210. See NEB. REV. STAT. § 48-134 (Reissue 1998). 211. The only way that could happen is if the losing pa......
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Neb. Const. art. V § V-2 Supreme Court; Number of Judges; Quorum; Jurisdiction; Retired Judges, Temporary Duty; Court Divisions; Assignments By Chief Justice
...193 N.W.2d 449 (1972). Appellate jurisdiction of the Supreme Court is limited to review of judgments and final orders. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 Supreme Court has jurisdiction on appeal to grant temporary injunction and appoint receiver. State ex rel. Beck v. Associate......