CAMPBELL v. CITY OF OGALLALA

Appeal and Error. Jurisdiction of a proceeding in error is not defeated by an omission of the phrase "in error" from the reference in the summons to the petition.

SMITH, J.

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 * * *." 25-1903, R.R.S. 1943. "The summons * * * shall, upon * * * written praecipe * * *, be issued * * *." 25-1904, R.R.S. 1943.

The omission was a noncompliance with a directory provision; i. e., the jurisdictional requirements do not include this phrase. See, From v. Sutton, 156 Neb. 411, 56 N.W.2d 441; cf. Keil v. Farmers Irr. Dist., 119 Neb. 503, 229 N.W. 898. The defect was formal.

The judgment should be and is reversed, and the cause is remanded.

REVERSED AND REMANDED.