Actions; when triable.

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25-1147. Actions; when triable.

Actions shall be triable at the first term of the court after the issues therein, by the times fixed for pleading, are or should have been made up; and when by the times fixed for pleading, the issues are or should have been made up during a term, such action shall be triable at that term. When the issues are or should have been made up, either before or during a term of court, but after the period for preparing the trial docket of such term, the clerk shall place such actions on the trial docket of that term.

Source

  • G.S.1873, c. 57, § 9, p. 713;
  • R.S.1913, § 7888;
  • C.S.1922, § 8830;
  • C.S.1929, § 20-1147;
  • R.S.1943, § 25-1147.

Annotations

  • Failure to put case on docket does not entitle party to vacate judgment where he is not prejudiced. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902).

  • Court may pass case or set for trial on future day of term. Connell v. Chambers, 22 Neb. 302, 34 N.W. 636 (1887).


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