Reports of Cases in the Supreme Court of Nebraska, Volume 62
Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart
Gant Publishing Company, 1902 - Law reports, digests, etc
"In vols. 1 and 2 no dates or terms of court are given, so that it is impossible to tell what years these volumes cover. Pages 411-473 of vol. 1 contain cases from the Supreme court of the territory of Nebraska, not dated, but apparently decided beteween 1860 and 1870. The appendix to vol. 2 reprints a few cases of local interest, decided in the United States Supreme court. " Soule, Lawyer's ref. manual, 1884.
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action AFFIRMED alleged allowed amount answer appears application attachment authority Bank bond brought cause charge claim condition consideration contended contract corporation counsel creditors damages decree deed defendant determined district court duty effect elected entered evidence execution existed fact favor filed follows further give given ground held hold instruction interest issued judge judgment jurisdiction jury land levy liability lien Loan matter ment mortgage motion Nebr negligence notice objection obtained Omaha opinion paid party payment performance person petition plaintiff in error pleadings possession present proceedings proper purchase question real estate reason received record recover reference regard relation rendered reversed rule statute sufficient suit sustained taken testimony thereof tion trial court verdict void witness
Page 323 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 75 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 590 - If such allegation be controverted, the party pleading must establish on the trial the facts conferring jurisdiction. 457. In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance...
Page 841 - Where it shall appear by the complaint, that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act the commission or continuance of which, during the litigation, would produce injury to the plaintiff...
Page 305 - States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever; Provided, that the president of the United States may in any case in his discretion extend the period.
Page 640 - ... an action for the recovery of the title or possession of lands, tenements, or hereditaments can only be brought within ten years after the cause of such action shall have accrued.
Page 234 - That no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 367 - All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the creditors existing or subsequent of such person.
Page 285 - But in order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending its execution are consistent with the hypothesis of its having been obtained by undue influence. It must be shown that they are inconsistent with a contrary hypothesis.