A
notary public is authorized and empowered, within the state: (1) To administer
oaths and affirmations in all cases; (2) to take depositions, acknowledgments,
and proofs of the execution of deeds, mortgages, powers of attorney, and other
instruments in writing, to be used or recorded in this or another state; and (3) to exercise and perform
such other powers and duties as authorized
by the laws of this state. Over his or
her signature and official seal, he or she shall certify the performance of such
duties so exercised and performed under this section.
Such certificate
shall be received in all courts of this state as presumptive evidence of the
facts therein certified to.
Notes of Decisions
Cited in
7
cases, 1940–2009 · leading case:
Johnson v. Neth, 758 N.W.2d 395 (Neb. 2008).
Johnson v. Neth, 758 N.W.2d 395 (Neb. 2008).
· cites it 4× “This court held that the signature of the arresting officer and the notarization of the signature were sufficient to make the sworn report valid.”
Hass v. Neth, 657 N.W.2d 11 (Neb. 2003).
· cites it 2× “See Neb. Rev. Stat. § 64-107 (Reissue 1996). Hass offers no challenge to this presumption.”
Stoetzel v. Neth, 744 N.W.2d 465 (Neb. Ct. App. 2008).
· cites it 4× “§ 64-107 (Reissue 2003) empowers a notary public to administer oaths and affirmations in all cases and contemplates proof of those acts as follows: "Over his signature and official seal, he shall certify the performance of such duties so exercised and performed under the…”
State v. Haase, 530 N.W.2d 617 (Neb. 1995).
· cites it 2× “See, also, Neb. Rev. Stat. § 64-107 (Reissue *820 1990).”
Valeriano-Cruz v. Neth, 716 N.W.2d 765 (Neb. Ct. App. 2006).
· cites it 5× “§ 64-107 (Reissue 2003) empowers a notary public to administer oaths and affirmations in all cases and contemplates proof of those acts as follows: “Over his [or her] signature and official seal, he [or she] shall certify the performance of such duties so exercised and performed…”
Murray v. Neth, 773 N.W.2d 394 (Neb. Ct. App. 2009).
· cites it 2× “Neb. Rev. Stat. § 64-107 (Reissue 2003) mandates that a properly notarized document contain both the signature and the seal of the notary.”
State v. Degele, 291 N.W. 554 (Neb. 1940).
· cites it 2× ““It has been held that court commissioners and referees may punish as for contempt disobedience of their orders, but it is more generally held that in the absence of express authority such officers have no such power.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.