Reports of Cases in the Supreme Court of Nebraska, Volume 4

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Page 77 - ... the cause of action in such case shall not be deemed to have accrued until the discovery, by the aggrieved party, of the act or acts complained of; but in all other cases, and as to wells heretofore or hereafter drilled, the cause of action...
Page 290 - The question of the meaning of a written contract is ordinarily one of law for the court, and not one of fact for the jury.
Page 83 - The general assembly shall have no power to release or discharge any county, city, township, town, or district whatever, or the inhabitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatsoever.
Page 203 - The court must, in every stage of the action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Page 143 - If, on the other hand, after making an agreement, in the process of reducing it to a written form, the instrument, by means of a mistake of law, fails to express the contract which the parties actually entered into, equity will interfere, with the appropriate relief, either by way of ! defense to its enforcement, or by cancella! tion, or by reformation, to the same extent : as if the failure of the writing to express the real contract was caused by a mistake of fact.
Page 672 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 280 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 84 - ... increase or diminish the aggregate valuation of real estate in any town or ward, by adding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estate in the county...
Page 758 - Each stockholder in any corporation [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business shall be liable to the amount of stock held or owned by him.
Page 120 - But it is a well-settled rule, that a witness cannot be cross-examined as to any fact, which is collateral and irrelevant to the issue merely for the purpose of contradicting him by other evidence...

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