The proceedings to obtain such reversal, vacation or modification shall be by petition entitled petition in error, filed in a court having power to make such reversal, vacation or modification, setting forth the errors complained of, and thereupon a summons shall issue and be served, or publication made, as in the commencement of an action. A service on the attorney of record in the original case shall be sufficient. The summons shall notify the adverse party that a petition in error has been filed in a certain case, naming it, and shall be returnable on or before the first day of the next term of court, if issued in vacation, and twenty days before the commencement of the term; if issued in term time, or within twenty days before the commencement of the term, it shall be returnable on a day named in said summons. In all cases in the Supreme Court, if a case be docketed twenty days or more before the next succeeding term, it shall stand for hearing at said term. If less than twenty days intervene, the cause shall not stand for trial, except by consent of all the parties thereto, until the second term after the docketing of said cause, except causes brought before the court in the exercise of its original jurisdiction.
Notes of Decisions
Cited in
31
cases (
3 in the last 5 years), 1953–2025 · leading case:
McNally v. City of Omaha, 731 N.W.2d 573 (Neb. 2007).
McNally v. City of Omaha, 731 N.W.2d 573 (Neb. 2007).
· cites it 4× “5 In order to perfect a petition in error, Neb. Rev. Stat. § 25-1903 (Reissue 1995) directs the petitioner to file the petition to the district court setting forth the errors complained of.”
Abboud v. Lakeview, Inc., 466 N.W.2d 442 (Neb. 1991).
· cites it 3× “Neb. Rev. Stat. § 25-1903 (Reissue 1989) provides that the proceedings to obtain a reversal, vacation, or modification must be made by petition entitled “petition in error” filed in a court having the power to reverse, vacate, or modify the decision, and must set forth the…”
In Re Olmer, 752 N.W.2d 124 (Neb. 2008).
“" And § 25-1903 states that "[t]he proceedings to obtain such reversal, vacation or modification shall be by petition entitled petition in error, filed in a court having power to make such reversal, vacation or modification, setting forth the errors complained of.”
Zyburo v. Bd. of Educ., 474 N.W.2d 671 (Neb. 1991).
· cites it 3× “The method of service is controlled by Neb. Rev. Stat. § 25-1903 (Reissue 1989), which provides, in relevant part, that upon the filing of a petition in error “summons shall issue and be served .”
Prucha v. Kahlandt, 618 N.W.2d 399 (Neb. 2000).
· cites it 4× “” The trial court found that the decision of the fence viewers was a decision of a “tribunal, board, or officer exercising judicial functions and inferior in jurisdiction to the district court,” requiring the Prachas to follow the procedural requirements of §§ 25-1903 and…”
Landrum v. City of Omaha Plan. Bd., 297 Neb. 165 (Neb. 2017).
· cites it 2× “And under Neb. Rev. Stat. § 25-1903 (Reissue 2016), proceedings to obtain a reversal, vacation, or modification of a final order made by any tri- bunal, board, or officer exercising judicial functions shall be - 181 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports…”
Preserve the Sandhills v. Cherry Cnty., 986 N.W.2d 265 (Neb. 2023).
· cites it 3× “” After answers were filed, the parties once again filed competing motions for summary 3 See § 25-1901 and Neb. Rev. Stat. §§ 25-1903 to 25-1908 (Reissue 2016).”
Thomas v. Lincoln Pub. Schs., 421 N.W.2d 8 (Neb. 1988).
· cites it 2× “§ 25-1903 (Reissue 1985) provides: “The proceedings to obtain such reversal, vacation or modification shall be by petition entitled petition in error____” Neb. Rev. Stat. § 25-1902 (Reissue 1985) defines a “final order” thus: “An order affecting a substantial right in an action,…”
Elliott v. City of Auburn, 108 N.W.2d 328 (Neb. 1961).
· cites it 4× “” Section 25-1903, R. R. S. 1943, provides in part: “The proceedings to obtain, such reversal, vacation or modification shall be by petition entitled ‘petition in error,’ filed in a court having power to make such reversal, vacation or modification, setting forth the errors…”
Jackson v. Bd. of Equalization, 630 N.W.2d 680 (Neb. Ct. App. 2001).
“” Finally, “The proceedings to obtain such reversal, vacation or modification shall be by petition entitled petition in error, filed in a court having power to make such reversal, vacation or modification, setting forth the errors complained of.”
RGR Co. v. Lincoln Comm'n on Human Rights, 873 N.W.2d 881 (Neb. 2016).
· cites it 2× “Contrary to the standards of review recited immediately above, it appears that the confusion regarding the proper stan- dard of review to be applied by this court in this case results from the citation to decisions which involved appeals of cases which had been filed in district…”
Scott v. Hall, 488 N.W.2d 549 (Neb. 1992).
· cites it 3× “In any event, pursuant to Neb. Rev. Stat. § 25-1903 (Reissue 1989), Scott filed his petition in error in the district court on November 3,1989.”
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