Nebraska State Constitution Article V-19

Article V-19

V-19.

Practice of all courts to be uniform.

The organization, jurisdiction, powers, proceedings, and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments and decrees of such courts, severally, shall be uniform.

Source

  • Neb. Const. art. VI, sec. 19 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 15;
  • Transferred by Constitutional Convention, 1919-1920, art. V, sec. 19.

Annotations

Legislature may provide for election, term, and districts for justices, and also may substitute other court for justice in metropolitan city. State ex rel. Bunce v. Kubat, 110 Neb. 362, 193 N.W. 754 (1923).

This section does not prohibit establishing of local courts inferior to district court in municipal corporations. State ex rel. Magney v. Hunter, 99 Neb. 520, 156 N.W. 975 (1916).

Uniformity is not violated if all courts of same grade have jurisdiction over same matters and of equal authority. Moores v. State ex rel. Gordon, 63 Neb. 345, 88 N.W. 514 (1901); State ex rel. Smyth v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Law giving authority to prosecute by information does not violate requirement of uniformity. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

Legislature cannot give to district court power or authority to remove from office police judge of one class of cities. Gordon v. Moores, 61 Neb. 345, 85 N.W. 298 (1901).

Law applying to all counties adopting township organization is uniform. Van Horn v. State ex rel. Abbott, 46 Neb. 62, 64 N.W. 365 (1895).

Law which is general and uniform throughout state, operating alike upon all persons and localities of a class who are brought within relations and circumstances provided for, is not wanting in uniformity. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893); State ex rel. Selden v. Berka, 20 Neb. 375, 30 N.W. 267 (1886).