Nebraska Revised Statute 25-1318

Chapter 25 Section 1318

25-1318.

Judgments and orders; journal entry.

All judgments and orders must be entered on the journal of the court, and specify clearly the relief granted or order made in the action.

Source

  • R.S.1867, Code § 443, p. 467;
  • R.S.1913, § 8011;
  • C.S.1922, § 8952;
  • C.S.1929, § 20-1318;
  • R.S.1943, § 25-1318.

Annotations

  • 1. Necessity

  • 2. Effect

  • 3. Miscellaneous

  • 1. Necessity

  • Orders which are not announced in open court are not formalized until they have been entered on the journal. The journal of the trial court is the official record of the judgments and orders of that court. In re Interest of J.A., 244 Neb. 919, 510 N.W.2d 68 (1994).

  • Order overruling motion for new trial must be entered on journal. Mueller v. Keeley, 163 Neb. 613, 80 N.W.2d 707 (1957).

  • Order overruling motion for new trial in criminal case must be entered on journal to start time running in which error proceedings may be taken. Fisher v. State, 153 Neb. 226, 43 N.W.2d 600 (1950).

  • Dismissal after final submission, to be effective, must be entered on journal. Tuttle v. Wyman, 149 Neb. 769, 32 N.W.2d 742 (1948).

  • Memorandum on trial docket is not judgment until extended upon journal, within meaning of section requiring appeals to Supreme Court to be filed within three months from rendition of judgment. Union Central Life Ins. Co. v. Saathoff, 115 Neb. 385, 213 N.W. 342 (1927).

  • Order of dismissal must be entered on journal. Knaak v. Brown, 115 Neb. 260, 212 N.W. 431 (1927).

  • Memorandum by judge in trial docket does not take place of entry in journal. Hornick v. Maguire, 47 Neb. 826, 66 N.W. 867 (1896).

  • Memorandum for a decree will not authorize a review in Supreme Court until extended upon the court journal. Ward v. Urmson, 40 Neb. 695, 59 N.W. 97 (1894).

  • May enter judgment nunc pro tunc. Morrill v. McNeill, 1 Neb. Unof. 651, 91 N.W. 601 (1901).

  • 2. Effect

  • Entry in journal is controlling over notes in trial docket. Midwest Laundry Equipment Corp. v. Berg, 174 Neb. 747, 119 N.W.2d 509 (1963).

  • Failure of court, in decree of confirmation, to direct clerk to make an entry on the journal that the court is satisfied of the legality of such sale, was not prejudicial where clerk had, in fact, entered such decree on journal. Erwin v. Brunke, 133 Neb. 745, 277 N.W. 48 (1938).

  • District court has power to correct journal entry, at any time after decree pronounced and before complied with, on motion and satisfactory evidence. Occidental Building & Loan Assn. v. Adams, 96 Neb. 454, 148 N.W. 88 (1914).

  • Entry of judgment is not essential to validity. Horn v. Miller, 20 Neb. 98, 29 N.W. 260 (1886).

  • Entries in journal are not any part of complete record of case. McDonald v. Penniston, 1 Neb. 324 (1871).

  • 3. Miscellaneous

  • Under facts in this case, there was no error in denying motion to correct decree nunc pro tunc. Karrer v. Karrer, 190 Neb. 610, 211 N.W.2d 116 (1973).

  • A judgment dismissing plaintiff's petition upon proper motion for judgment after mistrial and discharge of jury, but containing phrase notwithstanding verdict, is harmless error. Giangrasso v. Schimmel, 190 Neb. 228, 207 N.W.2d 517 (1973).