Worley v. Shong
Decision Date | 28 September 1892 |
Citation | 53 N.W. 72,35 Neb. 311 |
Parties | C. S. WORLEY v. SAMUEL SHONG |
Court | Nebraska Supreme Court |
ERROR to the district court for Box Butte county. Tried below before KINKAID, J.
AFFIRMED.
W. M Iodence, for plaintiff in error.
C. W Gilman, and B. F. Gilman, contra.
The plaintiff in error sued the defendant in error before a justice of the peace of Box Butte county. The cause was tried to a jury, resulting in a verdict for the plaintiff. From the transcript of the justice it appears that the verdict was returned and filed at 8 o'clock and 25 minutes P. M February 4, 1890, but that judgment was not entered thereon until the next day. Defendant in error filed a petition in error in the district court of said county, by which he sought to reverse said judgment, on the ground that it was not entered immediately upon the returning of the verdict, as provided by section 1002 of the Code. In the district court he filed an affidavit to the effect that the justice did, in fact, enter judgment on the day the verdict was returned and immediately thereafter, and so entered it on his docket, but had subsequently altered the entry so as to show that it was not entered until the following day. Upon this showing he suggested a diminution of the record and moved for an order requiring the justice to certify accordingly. This motion was overruled, to which exception was taken. The district court did not err in overruling the motion aforesaid. In all appellate proceedings the record of the trial court, when properly prepared and verified, imports absolute verity. (Elliott on Appellate Proceedings, 186.) It is one thing to amend the transcript and quite a different thing to change the record. (Id., 190.)
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Worley v. Shong
...35 Neb. 31153 N.W. 72WORLEYv.SHONG.Supreme Court of Nebraska.Sept. 28, Syllabus by the Court. 1. In all appellate proceedings, the records of the trial court, when properly proved, import absolute verity. 2. On a suggestion of a diminution of the record, if it appears that any material part......