Official records; proof of lack of record.

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25-1282. Official records; proof of lack of record.

The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.

Source

  • R.S.1867, Code § 410, p. 462;
  • R.S.1913, § 7975;
  • C.S.1922, § 8916;
  • C.S.1929, § 20-1282;
  • R.S.1943, § 25-1282.

Annotations

  • Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).

  • Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).


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