24-337 Clerk of district court; duty to record proceedings; when made up and signed.
24-337. Clerk of district court; duty to record proceedings; when made up and signed.The clerk of each district court shall keep a record of the proceedings of the court, under the direction of the judge. The proceedings, including those of the last day of the session, shall be made up and signed by the judge before the final order of adjournment is made. SourceLaws 1879, § 27, p. 88; R.S.1913, § 1193; C.S.1922, § 1116; C.S.1929, § 27-334; R.S.1943, § 24-337. Cross ReferencesAmercement for neglect of duty, see section 25-1546.Clerks and assistants, see section 23-1111.Duties, general provisions, see sections 25-2204 to 25-2214.01.Duty to report divorces and annulments monthly, see section 71-615.Election and term, see section 32-524.Mileage, see sections 23-1112 and 23-1112.01.Not to practice as an attorney, see section 7-111.Oaths and affirmations, power to administer, see section 24-1002.Salary, see section 23-1114.Vacancy:How filled, see section 32-567.Possession and control of office by deputy, see section 32-563. AnnotationsJournal entry is not impeachable by notes in judge's docket. Barker v. State, 54 Neb. 53, 74 N.W. 427 (1898); Gage v. Bloomington Town Co., 37 Neb. 699, 56 N.W. 491 (1893).Where correction is made at succeeding term, notice is necessary. Brownlee v. Davidson, 28 Neb. 785, 45 N.W. 51 (1890).In case of discharge of jury, reasons should be entered on record. Conklin v. State, 25 Neb. 784, 41 N.W. 788 (1889).Supreme Court does not have jurisdiction to direct the ministerial officers of the district court in the discharge of their duties. State ex rel. Wilkins v. LeFevre, 25 Neb. 223, 41 N.W. 184 (1888).Failure of judge to sign record does not render decree void. Fouts v. Mann, 15 Neb. 172, 18 N.W. 64 (1883).Power to correct record to conform with facts is not affected by appeal. Wise v. Frey, 9 Neb. 217, 2 N.W. 375 (1879).Approved journal entry is conclusive evidence of what judgment was. Findley v. Bowers, 9 Neb. 72, 2 N.W. 349 (1879).Nunc pro tunc order may be based on own notes or other evidence. Garrison v. State, 6 Neb. 274 (1877); Morrill v. McNeill, 1 Neb. Unof. 651, 91 N.W. 601 (1901).Entry of notes by clerk is improper. Nuckolls v. Irwin, 2 Neb. 60 (1873).Journal is authentic evidence of judgments. Morrill v. McNeill, 1 Neb. Unof. 651, 91 N.W. 601 (1901).