Shupe v. State
Nebraska Supreme Court
Error to the district court for Saunders county. Tried below before Marshall, J. The opinion contains a statement of the case. The recognizance was entered into, filed, and approved by the justice within the time required by the statute. The. fact that the recognizance was signed did not invalidate it, and it was not necessary to enter it on the docket of the justice.
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Error to the district court for Saunders county. Tried below before Marshall, J. The opinion contains a statement of the case. The recognizance was entered into, filed, and approved by the justice within the time required by the statute. The. fact that the recognizance was signed did not invalidate it, and it was not necessary to enter it on the docket of the justice. (Irwin v. State, 10 Neb., 325; State v. Moran, 24 Neb., 103; Millikin v. State, 21 O. St., 635.) The court erred in dismissing the appeal. (Vierling v. State, 33 Ind., 218; People v. Gillman, 125 N. Y., 372; State v. Clarkson,…
1Opinion of the CourtNorval, C. J.
On the 13th day of December, 1891, plaintiff in error, having been tried and convicted of an assault and battery before a justice of a peace of Saunders county, was sentenced to pay a fine of $5 and the costs of -prosecution, taxed at $60.90. On the same day the prisoner entered into before the magistrate a recognizance with surety, which *526was duly approved by the justice. The following is a copy of the same:
“ State ok Nebraska,
Saunders County.
'
“Be it remembered, that on the 13th day of December, 1890, F. E. Shupe and C. II. Pirtle, of the county of Saunders, personally appeared before me, F.…
2Cases cited4 opinions
- Jennings v. StateSupreme Court of Kansas · 1874
- King v. StateNebraska Supreme Court · 1885
- McLaughlin v. StateSupreme Court of Kansas · 1873
- Irwin v. StateNebraska Supreme Court · 1880
3Cited by4 opinions
- Pill v. StateNebraska Supreme Court · 1894
- West v. StateSupreme Court of Florida · 1915
- Killian v. StateNebraska Supreme Court · 1925
- State ex rel. City of Sidney v. BriddNebraska Supreme Court · 1944