82 Neb. 136 | Neb. | 1908
This was an action to enjoin an alleged trespass upon farming lands. The petition alleged that the plaintiff was in possession of snch land “as the tenant of John B. Stanser, who is the owner of said land by virtue of a state school land lease issued by the state of Nebraska for said land”; and that the defendant, “claiming to have purchased the lease to said lands from the state of Nebraska,” while plaintiff was peaceably engaged in farming said lands, wrongfully came upon the same, took down a portion of plaintiff’s fences, and undertook to unlawfully stay and trespass thereon and to plow up said land and destroy plaintiff’s crops. The defendant answered, alleging that the state of Nebraska was the owner of the land in question, and on the 8th day of July, 1884, leased the same to John B. Stanser for the term of 25 years from the date of such lease; that the said Stanser failed, neglected and refused to pay the rental due the state of Nebraska on said land, and that the said state of Nebraska, as by the terms of said lease it was provided it could do, by and through its proper officers, on the 12th day of January, 1905, canceled and annulled said lease and all the rights of the said John B. Stanser in and to said lease and the premises described in the plaintiff’s petition; that afterwards, and on the 25th day of May, 1906, the state of Nebraska, by and through its proper officers, leased said premises to the defendant for the term of 25 years; and that the defendant had, since the making of said lease, been entitled to the possession of the said premises. There was no reply, and at the close of the plaintiff’s testimony the district court rendered judgment dismissing the plaintiff’s petition, from which judgment the plaintiff appeals.
2. Attached to the transcript is a document which purports to be a bill of exceptions settled in this cause. There is nothing to show that it was filed in the office of the clerk of the district court, and it lacks a certificate of authentication from such clerk. . Since the case of Aultman & Co. v. Patterson, 14 Neb. 57, the general rule has been that the requirements of section 5877) of the code
We therefore recommend that the judgment of the district court be affirmed.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.