40 Neb. 498 | Neb. | 1894
This case is not presented to us in a condition permitting us to examine it upon its merits. The record filed in. this court consists of (1) certain documents having the appearance of the original pleading? in the case in the district court; (2) what appears to be a stipulation in the district court submitting the case on certain admissions of fact and certain written evidence; (3) a mass of documents which appear to be original depositions in the district court; (4) a paper duly certified by the clerk under the seal of the court to be a true and correct transcript of the judgment; (5) a
Section 675 of the Code of Civil Procedure provides the manner of taking an appeal to this court from a judgment of the district court. In order to effect such an appeal “the party appealing shall, within six months after the. date of the rendition of the judgment or decree, or 'the making of the final order, procure from the clerk of the district court and file in the office of the clerk of the supreme court a certified transcript of the proceedings' had in the cause in the district court, containing the pleadings; thh judgment or decree rendered or final order made therein; * * * and on failure thereof the judgment or decree' rendered or the final order made in the district court shall stand and be proceeded in as if no appeal had been taken.” Jurisdiction of an appeal in this court, therefore,'depfendá upon the filing of such a transcript. The original papers used in the district court are not a transcript. A transcript is a copy, and must be authenticated by the certificate of the clerk, and it is only that which gives authenticity to a transcript filed. It is true that the original bill of exceptions as settled by the district judge may be sent to this court in lieu of a transcript thereof, but that is because an
Judgment affirmed.