Urban v. Brailey
Urban v. Brailey
Opinion of the Court
The opinion, affirming the judgment of the district court, in this case is reported in 85 Neb. 796. A motion for a rehearing was filed by Crocker, and which, upon a full consideration of the record, was overruled. He now files another motion asking a reconsideration of the former one, and of Crocker’s connection with the case. The principal contention is that Crocker had filed a separate appeal in this court and Avas entitled to have it disposed of as such. It is true that he gave a separate notice of appeal in the district court and filed a separate precipe in this court. But one transcript was filed and but one set of briefs was presented, and it was, incorrectly perhaps,
“Now on this 18th day of August, 1909, this cause coming on to be heard before me, A. L. Sutton, judge of the district court in and for Douglas county, Nebraska, upon the petition of Ralph O. Urban, praying for a writ of habeas corpus, directed to Edwin F. Brailey, sheriff of Douglas county, Nebraska, and upon the amended petition praying for a writ of habeas corpus, directed to William Crocker, special agent of the state of Colorado, and Edwin F. Brailey, and William Crocker being in court with the body of Ralph O. Urban, and having answered as to their right to hold and imprison said Ralph 0. Urban, and testimony being adduced by the parties hereto, and after argument of counsel the court, being fully advised in the premises, finds: * * * iy. That Ralph O. Urban is illegally, wrongfully and unlawfully deprived of his liberty by Edwin F. Brailey and William Crocker. V. That Ralph O. Urban should be discharged from the custody of Edwin F. Brailey and William Crocker.”
It is a well-known rule of law that the records of the district court import absolute verity, and by this record we must be governed. The district court thereby obtained jurisdiction over Crocker as well as over Brailey. The fact that the amended petition and answer are not copied in the transcript constitutes no proof, in the face of such a record, that they were not filed. This, in connection with the recital in the record that both Brailey and Crocker
The motion is therefore
Overruled.
Reference
- Full Case Name
- Ralph O. Urban v. Edwin F. Brailey
- Status
- Published