Report of Cases in the Supreme Court of Nebraska, Том 1Callaghan & Cockcroft, 1871 |
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Стр. 45
... complainants did not , nor did they propose to lay them off into lots , or invite purchasers to settle upon and occupy them . " He cites the case of Morford v . Unger , supra , as conclusive of the question contenting himself with that ...
... complainants did not , nor did they propose to lay them off into lots , or invite purchasers to settle upon and occupy them . " He cites the case of Morford v . Unger , supra , as conclusive of the question contenting himself with that ...
Стр. 53
... complainant from the ope- ration of the statute . 1. The existence of a contract clear , definite and une- quivocal in its terms should have been admitted by the answer , or satisfactorily established by competent proof.— Story's Eq ...
... complainant from the ope- ration of the statute . 1. The existence of a contract clear , definite and une- quivocal in its terms should have been admitted by the answer , or satisfactorily established by competent proof.— Story's Eq ...
Стр. 54
... complainant's conduct has not been such as to challenge the consideration of a court of equity . To purchase a valuable lot through a real estate agent who can show no authority , with the owner of the property living on the next block ...
... complainant's conduct has not been such as to challenge the consideration of a court of equity . To purchase a valuable lot through a real estate agent who can show no authority , with the owner of the property living on the next block ...
Стр. 68
... complainant below , proved that he had a preference of entry to the quarter section of land in dispute , according to the act of 1838 , and his entry was allowed . In February , 1843 , Samuel Hemphill made proof that he had a right of ...
... complainant below , proved that he had a preference of entry to the quarter section of land in dispute , according to the act of 1838 , and his entry was allowed . In February , 1843 , Samuel Hemphill made proof that he had a right of ...
Стр. 148
... complainant to an interest in said bridge and ferry company , and to be admitted to member- ship therein , and to share in its earnings and profits . The complainant sets forth and alleges in its bill , that one James C. Mitchell ...
... complainant to an interest in said bridge and ferry company , and to be admitted to member- ship therein , and to share in its earnings and profits . The complainant sets forth and alleges in its bill , that one James C. Mitchell ...
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action affirmed aforesaid alleged amended answer appear assigned bill bond cause Charles Bridge CITY OF OMAHA claim COLUMBUS COMPANY complainant contract convey conveyance county clerk court of equity creditors damages decree deed demurrer District Court dollars Douglas county entitled entry equity evidence execution facts filed FINN foreclosure George Bridge Hughes Hurford indictment interest Jesse Lowe John Jones judge judgment jurisdiction jury land office legislature lien Markham MCAUSLAND McCallum McReady ment MILLER Mills mortgage motion Nebraska Nebraska City notice Ohio Otoe county paid parties payment person petition in error plaintiff in error Pomeroy possession preemption preemption law premises proceedings provision Pundt and Koenig purchase question Railway record recovered Redick and Briggs rendered replevin reversed SAMPSON sheriff Smiley Smiley's sold statute suit sustained taxes term Territory of Nebraska thereof tion town Towsley tract trial vendee verdict
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Стр. 305 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and' an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Стр. 39 - There can be no question of the power of the Legislature to reasonably regulate the rates and charges of a street railway company as a common carrier.
Стр. 459 - All deeds, mortgages and other instruments of writing which are authorized to be recorded, shall take effect and be in force from and after the time of filing the same for record, and not before, as to all creditors and subsequent purchasers, without notice; and all such deeds and title papers shall be adjudged void as to all such creditors and subsequent purchasers, without notice, until the same shall be filed for record.
Стр. 203 - In all cases where the property has been delivered to the plaintiff, unless the jury shall find for the defendant, they shall also find whether the defend. ant had the right of property or the right of possession only, at the commencement of the suit; and if they find either in his favor, they shall assess such damages as they think right and proper for the defendant, for which, with costs of suit, the court shall render judgment for the defendant.
Стр. 322 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Стр. 292 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Стр. 213 - ... the said party of the second part, that the said party of the second part...
Стр. 165 - A new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor in any other action, where the damages shall equal the actual pecuniary injury sustained.
Стр. 214 - And the said party of the first part for himself his heirs executors and administrators...
Стр. 28 - The constitution, by authorizing the appropriation of private property to public use, impliedly declares that for any other use private property shall not be taken from one and applied to the private use of another. It is in violation of natural right ; and if it is not in violation of the letter of the constitution, it is of its spirit, and cannot be supported.