Scott v. Dohrse
| Decision Date | 24 April 1936 |
| Docket Number | 29804 |
| Citation | 266 N.W. 709,130 Neb. 847 |
| Parties | NENA SCOTT, APPELLANT, v. THOMAS H. DOHRSE, APPELLEE |
| Court | Nebraska Supreme Court |
APPEAL from the district court for Douglas county: FRANCIS M DINEEN, JUDGE. Motion overruled.
MOTION OVERRULED.
Syllabus by the Court.
1. If an act is complete and independent in itself, it may amend or modify the provisions of existing statutes without controverting the provisions of the Constitution relating to amendments .
2. Chapter 57, Laws 1935, is a complete and independent act in itself.
Appeal from District Court, Douglas County; Dineen, Judge.
Proceeding under the Workmen's Compensation Act by Nena Scott claimant, opposed by Thomas H. Dohrse, doing business under the name of the French Dry Cleaning Works, and another. From a judgment, claimant appeals, and moves for refund of costs collected by clerk of Supreme Court for docketing of appeal.
Motion overruled.
Anson H. Bigelow, for appellant.
Mossman Anderson & Meissner, contra.
Heard before GOSS, C. J., ROSE, GOOD, EBERLY, DAY, PAINE and CARTER, JJ.
The appellant has filed a motion for a refund of costs collected by the clerk of this court for the docketing of the appeal under section 33-105, Comp. St. 1929. It provides as follows:
Under this statutory provision, the clerk has for many years collected costs in all cases filed in this court upon the filing of a transcript on appeal. This argument arises because of a statute enacted by the recent legislature.
Section 48-175, Comp. St. Supp. 1935, provides: "No filing fees shall be charged by the clerk of any court for any service required by this act." The reference to "this act" is to chapter 57, Laws 1935, and relates to compensation claims. This is a compensation case.
A part of the same act (Comp. St. Supp. 1935, sec. 48-177) provides that any award, order, or judgment for compensation of any court of competent jurisdiction may, as soon as the same becomes conclusive upon the parties in interest, be filed with the district court of any county in the state, "upon the payment of a fee of one dollar to the clerk of the district court or courts where such order, award or judgment is so filed."
Section 48-174, Comp. St. Supp. 1935, provides for appeal to the supreme court in workmen's compensation cases, and in part reads as follows: "Any appeal from the judgment of the district court shall be prosecuted in accordance with the general laws of the state regulating appeals in actions at law."
The legislative enactment which is quoted above provided that no costs be charged by the clerk of any court for services rendered in a compensation case, and it clearly indicated a legislative intention to relieve the parties of the payment of costs except as noted above in a specific provision for one dollar for filing a transcript of a judgment in the office of the clerk of the district court.
As the docketing of the appeal is essential to the review of the cause, and as review by the supreme court is very obviously contemplated by the express words of section 48-174, Comp St. Supp. 1935, and as section 33-105, Comp. St. 1929, expressly provides that a fee of $ 20 shall be paid to the clerk of the supreme court at the time of filing each transcript, original suit, or proceeding, it is clear that conflict exists between sections...
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