134 N.W.2d 597 | Neb. | 1965
A summons failed to notify defendants that the petition which had been filed against them was a petition in error. The phrase “in error” was also omitted from the praecipe. The district court sustained a special appearance and dismissed the proceeding in error.
The phrase is said to be a jurisdictional feature of the statutes. “* * * The summons shall notify the adverse party that a petition in error has been filed * * *.” § 25-1903, R. R. S. 1943. “The summons * * * shall, upon * * * written praecipe * * *, be issued * * *.” § 25-1904, R.'R. S. 1943.
The omission was a noncompliance with a directory
The judgment should be and is reversed, and the cause is remanded.
Reversed and remanded.