Annotations

• 1. General powers

• 2. Jurisdiction

• 3. Miscellaneous

• 1. General Powers

• As a court of general jurisdiction, district court has power to examine into and determine the sufficiency of supersedeas and appeal bonds and the sureties thereon up to the time when appeal to the Supreme Court is complete. Fisher v. Keeler, 142 Neb. 79, 5 N.W.2d 143 (1942).

• Court has power to punish for contempt. Back v. State, 75 Neb. 603, 106 N.W. 787 (1906).

• District court has power to send original process to any part of state unless restricted. Eager v. Eager, 74 Neb. 827, 105 N.W. 636 (1905), reversed on rehearing, 74 Neb. 830, 107 N.W. 254 (1906).

• Court has power in equity to supply omissions in legal procedure. Wardell v. Wardell, 71 Neb. 774, 99 N.W. 674 (1904).

• District court may, in its discretion, sit as an examining magistrate. State v. Dennison, 60 Neb. 192, 82 N.W. 628 (1900).

• Court has power to enter nunc pro tunc order to correct record. Gund v. Horrigan, 53 Neb. 794, 74 N.W. 257 (1898); Hyde v. Michelson, 52 Neb. 680, 72 N.W. 1035 (1897); Hamer v. McKinley-Lanning Loan & Trust Co., 51 Neb. 496, 71 N.W. 51 (1897); Van Etten v. Test, 49 Neb. 725, 68 N.W. 1023 (1896); Wachsmuth v. Orient Ins. Co., 49 Neb. 590, 68 N.W. 935 (1896).

• Court has power to make necessary rules. Andres v. Kridler, 49 Neb. 535, 68 N.W. 938 (1896).

• Court has power to enter deficiency judgment upon foreclosure of mortgage. Flentham v. Steward, 45 Neb. 640, 63 N.W. 924 (1895).

• The validity of the removal of a public officer and the title of the person removed, or of a new appointee to the office, may be tried by quo warranto or mandamus. In re Sawyer, 124 U.S. 200 (1888).

• 2. Jurisdiction

• A district court's jurisdiction over a 42 U.S.C. 1983 claim flows from the Legislature's grant of general jurisdiction to that court, over and above the district court's jurisdiction conferred by the Nebraska Constitution. Webb v. Nebraska Dept. of Health & Human Servs., 301 Neb. 810, 920 N.W.2d 268 (2018).

• In a court of general jurisdiction, jurisdiction may be presumed absent a record showing the contrary. Webb v. Nebraska Dept. of Health & Human Servs., 301 Neb. 810, 920 N.W.2d 268 (2018).

• Section 30-810 provides special procedures for settling wrongful death claims, but it is silent on wrongful death actions and subrogation. Accordingly, under section 48-118.01, wrongful death actions and, under section 48-118.04, proceedings for the fair and equitable distribution of wrongful death action proceeds subject to subrogation in workers' compensation cases must be brought in the district court. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016).

• Section 48-161 provides the Workers' Compensation Court with jurisdiction to determine insurance disputes in workers' compensation claims, including the existence of coverage and the extent of an insurer's liability. According to the terms of section 48-161, that jurisdiction is not exclusive, however, and the district court may also exercise its inherent jurisdiction for these purposes. Schweitzer v. American Nat. Red Cross, 256 Neb. 350, 591 N.W.2d 524 (1999).

• Unless upon change of venue, an accused cannot be tried lawfully in any county other than the county where the offense was committed. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).

• District courts have general and original jurisdiction in criminal cases except when otherwise provided. Lingo v. Hann, 161 Neb. 67, 71 N.W.2d 716 (1955).

• Legislature cannot take from courts the broad general jurisdiction conferred on them by the Constitution of Nebraska. State ex re. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

• Courts have no discretion to refuse to entertain jurisdiction of cause of action brought by nonresident because of such nonresidence. Herrmann v. Franklin Ice Cream Co., 114 Neb. 468, 208 N.W. 141 (1926).

• Court has general equity jurisdiction. Rhoades v. Rhoades, 78 Neb. 495, 111 N.W. 122 (1907).

• Court has jurisdiction to assign dower. Swobe v. Marsh, 73 Neb. 331, 102 N.W. 619 (1905).

• If the court has no jurisdiction, judgment is void. Aldrich v. Steen, 71 Neb. 33, 98 N.W. 445 (1904), affirmed on rehearing, 71 Neb. 57, 100 N.W. 311 (1904).

• District court does not have original jurisdiction of will contest, or to construe same where there is no trust. Andersen v. Andersen, 69 Neb. 565, 96 N.W. 276 (1903).

• Parties cannot confer jurisdiction over subject matter. Crawford Co. v. Hathaway, 61 Neb. 317, 85 N.W. 303 (1901).

• Court has jurisdiction of action for alimony independent of divorce action. Earle v. Earle, 27 Neb. 277, 43 N.W. 118 (1889).

• Court has jurisdiction to set aside deed fraudulently secured. Barker v. Barker, 27 Neb. 135, 42 N.W. 889 (1889).

• Court has general jurisdiction to compel executor to account for trust funds. Blake v. Chambers, 4 Neb. 90 (1875).

• 3. Miscellaneous

• Void judgment may be collaterally attacked. Radil v. Sawyer, 85 Neb. 235, 122 N.W. 980 (1909).

• Regularity of proceedings will be presumed. Back v. State, 75 Neb. 603, 106 N.W. 787 (1906); Wright v. State, 45 Neb. 44, 63 N.W. 147 (1895).

• Even though a court has subject matter jurisdiction to hear a request for a domestic abuse protection order, the defendant may file to transfer the action to a more appropriate venue pursuant to section 25-403.01. Jacobo v. Zoltenko, 30 Neb. App. 44, 965 N.W.2d 32 (2021).