Rhodes v. Yates
| Decision Date | 20 November 1981 |
| Docket Number | No. 43563,43563 |
| Citation | 210 Neb. 14,312 N.W.2d 680 |
| Parties | Paul RHODES, Appellant, v. Odaville YATES, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. Courts: Judicial Notice. The general rule is that while the court will take judicial notice of its own records, it will not in one case take judicial notice of the record in another case.
2. Courts: Judicial Notice. Where cases are interwoven and interdependent and the controversy involved has already been considered and determined by the court in the former proceedings involving one of the parties now before it, the court has a right to examine its own records and take judicial notice of its own proceedings and judgments in the former action. Matters so judicially noticed are properly considered when determining questions presented by a demurrer.
Paul Rhodes, pro se.
Robert J. Bulger of Bulger & Jensen, Bridgeport, for appellee.
Heard before BOSLAUGH, CLINTON, BRODKEY, and WHITE, JJ., and HOWARD, District Judge.
This is a companion case to the case of Nat. Bank of Commerce Trust & Savings Assn. v. Rhodes, 207 Neb. 44, 295 N.W.2d 711 (1980). In that case, certain deeds to Rhodes were found to be fabrications. This court, agreeing with the trial court, found that signatures and an acknowledgment had been executed as part of a power of attorney and had later been detached and reattached to an instrument purporting to convey real estate to a grantor of Paul Rhodes. The court further found that the instrument had never been delivered, based on the testimony of the purported grantee, Augustine Rhodes, that she had never seen or had possession of the deed.
This is a suit by appellant, Paul Rhodes, defendant in the previous case, against Odaville Yates, the notary public on the power of attorney of March 10, 1956, for slander of title. The trial court sustained a demurrer to the amended petition and dismissed the action. Rhodes appeals. We affirm.
The amended petition alleges that on August 18, 1978, the appellee Yates executed an affidavit, the effect of which was to reinforce the appellant's contention that it was a deed acknowledged by him on March 10, 1956. The amended petition also alleges that Yates gave a sworn statement to an attorney for the National Bank of Commerce on October 13, 1978, which contradicted in many material respects the affidavit of the previous August. Both the affidavit and the statement were received in evidence at the trial in the first action and were incorporated in the amended petition in this action. The petition alleges further that the sworn statement of October 13, 1978, was false and was responsible for the "defeat (of) this plaintiff's...
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...Matters so judicially noticed are properly considered when determining the questions presented by a demurrer. Rhodes v. Yates, 210 Neb. 14, 15, 312 N.W.2d 680, 681 (1981). Accord, Fowler v. Nat. Bank of Commerce, 209 Neb. 861, 312 N.W.2d 269 (1981); Knapp v. City of Omaha, 175 Neb. 576, 122......
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...In re Interest of C.K., L.K., and G.K., 240 Neb. 700, 484 N.W.2d 68 (1992). See, also, Strunk , supra note 15.19 See Rhodes v. Yates, 210 Neb. 14, 312 N.W.2d 680 (1981).20 In re Interest of N.M. and J.M., 240 Neb. 690, 699, 484 N.W.2d 77, 83 (1992) (emphasis omitted). See § 27-201(2) ("[a] ......
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