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CAMPBELL v. CITY OF OGALLALA

No. 35885.

134 N.W.2d 597 (1965)

178 Neb. 663

Arthur W. CAMPBELL, Gladys M. Campbell, George W. J. Armstrong, Lester Nye, Cora Jessop, Appellants, v. The CITY OF OGALLALA, Nebraska, D. L. Glenn, Phil K. Dowling, Earl C. Ploog, Harold West, George Osbeck and F. J. Sibal, Appellees.

Supreme Court of Nebraska.

April 16, 1965.

Attorney(s) appearing for the Case

W. C. Conover, Grant, J. Cedric Conover, Bridgeport, for appellants.

Firmin Q. Feltz, Ogallala, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

SMITH, Justice.

A summons failed to notify defendants that the petition which had been filed against them was a petition in error. The phrase "in error" was also omitted from the praecipe. The district court sustained a special appearance and dismissed the proceeding in error.

The phrase is said to be a jurisdictional feature of the statutes. "* * * The summons shall notify the adverse party that a petition in error has been filed * * *." Section 25-1903,...

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