Reports of Cases in the Supreme Court of Nebraska, Том 9Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart Gant Publishing Company, 1880 "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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Стр. 2
... facts of the case appear in the opinion . Clarence Gillespie and E. W. Thomas , for plaintiff ' in error , cited 2 Parsons Notes and Bills , 570 , 571 . Kountz v . Kennedy , 63 Penn . State , 187. Merrick v . Bowry , 4 Ohio State , 61 ...
... facts of the case appear in the opinion . Clarence Gillespie and E. W. Thomas , for plaintiff ' in error , cited 2 Parsons Notes and Bills , 570 , 571 . Kountz v . Kennedy , 63 Penn . State , 187. Merrick v . Bowry , 4 Ohio State , 61 ...
Стр. 14
... facts usuri- ous . We deem this largely a question of fact , and that the law of usury is well settled . Usury is a defense in part , and must be proved . The onus probandi is upon the party pleading it . LAKE , J. The only defense made ...
... facts usuri- ous . We deem this largely a question of fact , and that the law of usury is well settled . Usury is a defense in part , and must be proved . The onus probandi is upon the party pleading it . LAKE , J. The only defense made ...
Стр. 15
... facts brought out by the testimony , and we see nothing in them from which the vice of usury can be legally inferred . There is no testimony to show that the sale of these premises was a mere device to evade the law , or that it was any ...
... facts brought out by the testimony , and we see nothing in them from which the vice of usury can be legally inferred . There is no testimony to show that the sale of these premises was a mere device to evade the law , or that it was any ...
Стр. 23
... facts do not constitute a cause of action in favor of the wife against the hus- band . The district court sustained the demurrer , and rendered judgment for defendant . On error to the su- preme court the judgment of the district court ...
... facts do not constitute a cause of action in favor of the wife against the hus- band . The district court sustained the demurrer , and rendered judgment for defendant . On error to the su- preme court the judgment of the district court ...
Стр. 24
... facts proved by a proper application . If the complaint was not full enough to disclose the case in all its features , it was competent for the defendant to spread the facts out in his answer by way of affirmative defense or oth- erwise ...
... facts proved by a proper application . If the complaint was not full enough to disclose the case in all its features , it was competent for the defendant to spread the facts out in his answer by way of affirmative defense or oth- erwise ...
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alleged amended amount answer appears assignment attachment attorney authority bill bond brought Buffalo County cause of action claim commenced constitution contract county clerk county commissioners county court court of equity creditors damages debt decree defendant in error demurrer district court duty entitled equity evidence execution facts favor fendant filed foreclosure fraud fund held Hyde Iowa issued judge JUDGMENT AFFIRMED jurisdiction jury justice Lancaster county land levied Malchow MAXWELL ment mortgage motion Nebraska objection Ohio Otoe county overruled paid party payment person petition in error plaintiff in error pleadings premises proceedings promissory note provides purchase question record recover remanded rendered replevin reversed Saline county Saunders County school district sheriff Stat statute statute of frauds sufficient suit summons sureties sustained term testimony thereof tion trial usury verdict void
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Стр. 432 - 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...
Стр. 313 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Стр. 235 - We feel no hesitation in confining these expressions to those privileges and immunities which are, in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this Union, from the time of their becoming free, independent, and sovereign.
Стр. 176 - Unless the buyer shall accept and receive part of such goods, or the evidences, or some of them, of such things in action ; or, — 3. Unless the buyer shall at the time, pay some part of the purchase money.
Стр. 176 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, 1.
Стр. 323 - In such case the articles of association and organization certificate may be executed by a majority of the directors of the bank or banking institution...
Стр. 487 - ... if the property has been delivered to the plaintiff, and the defendant claim a return thereof. judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Стр. 22 - A married woman, while the marriage relation subsists, may bargain, sell and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property.
Стр. 201 - But it is contended that if other matter may be pleaded by the defendant he is estopped from asserting anything against the allegation contained iu the record. It imports perfect verity, it is said, and the parties to it cannot be heard to impeach it. It appears to me that this proposition assumes the very fact to be established, which is the only question in issue. For what purpose does the defendant question the jurisdiction of the court ? Solely to show that its proceedings and judgment are void,...
Стр. 465 - No person shall be eligible to the office of Governor or Lieutenant Governor who shall not have attained the age of thirty years, and been, for five years next preceding his election, a citizen of the United States and of this State.