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COMPILED FROM VOLUMES 1 TO 80 NEBRASKA REPORTS AND

VOLUMES 1 TO 5 NEBRASKA REPORTS

(UNOFFICIAL) INCLUSIVE

-WITH-

COMPLETE TABLES OF CASES CITED

AND OVERRULED

VOLUME I

J. H. BROADY, Jr., Editor
D. A. HAGGARD, Assistant Editor

OWNED AND PUBLISHED BY
THE STATE JOURNAL COMPANY
LINCOLN, NEBRASKA

Entered according to Act of Congress, in the office of the Librarian of Congress, A D. 1910,

by the State Journal Company, Lincoln, Nebraska.

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PREFACE.

This digest, covering all cases reported in volumes 1 to 80 of the Nebraska Reports and volumes 1 to 5 Nebraska Reports (Unofficial) inclusive, is designed to supply an urgent demand of persons having need to trace the decisions of the Supreme Court of Nebraska.

Through the courtesy of the publishers of The American Digest the American scheme of classification is used and followed as closely as is practical in a local work of this kind. The style and form adopted, and especially the plan of running the complete analysis at the head of each topic, is modeled more particularly from the Ohio Cyclopedic Digest. Strictly speaking, under the American Digest scheme of classification no matter is duplicated. We have departed from this rule to the extent that we have duplicated, in a measure, matter of close application. Realizing that in attempting such duplication the editor is apt to encounter difficulties, since it is impossible to draw a consistent line of demarcation, we have refrained from a liberal ase thereof, depending on the user's knowledge of the classification and the cross-references to make this a ready and useful reference to the decisions digested.

It is urged that the user of this digest always keep in mind the fact that under this classification scheme all matter of specific application is treated in the specific topics; and he should familiarize himself with the different topic heads, and with the analysis and cross-references thereunder, as they necessarily explain the scope of each topic. The general topics, such as Evidence, Pleading, Parties, etc., include only matter of a general nature.

Each digest paragraph is numbered consecutively in each topic and followed by a reference to the year in which the decision was rendered by the court. Citation to the official reports and to the various reports of selected cases follow the matter. The official reports are cited “Neb.," the unofficial reports "Unof." Citations to the Northwestern Reports, the American series, and the Lawyers' Reports Annotated follow the Nebraska citation in parentheses.

Overruled points are indicated in the paragraph in brackets following the citations, reference being made to the overruling case. A complete table of overruled cases, alphabetically arranged, is included in volume 3 of this digest immediately preceding the table of digested cases, showing the point overruled with the overruling cases following. This table includes modified points and those changed by statutes.

The table of cases, at the end of volume 3 of this digest, gives the titles of the cases and citation to the Nebraska Reports, followed by a reference to the digest topic where digested and the number of the paragraph as it appears in that topic. The title of each case is also run adversely, e. g., Doe v. Roe,

Neb. A. & E., 47; Ev. 150; Trial 196, showing that the case of Doe v. Roe reported in — volume of the Nebraska Reports on page - is digested in the topics of Appeal and Error, paragraph 47; Eridence, 150, etc. The same case appears Roe, Doe v., the proper title being Doe v. Roe.

In the topic of Mortgages, under division Foreclosure, subdivision Sale, is found a cross-reference to Judicial Sales. This is necessary in order to keep all such matter together and avoid a duplication of the whole in both topics, since the court has not held a definite line of distinction between mortgage sale and judicial sale. In many instances the court speaks of mortgage sales as judicial sales and again as mortgage sales, and since the procedure is the same in both cases it is all treated in the topic of Judicial Sales.

Volumes 76 to 80 of the Nebraska Reports were worked from proof pages before publication, and citations to the cases therein have reference neither to the Lawyers' Reports Annotated nor to the American series of reports; and minor corrections also may have been made in these cases by the Supreme Court reporter before they were finally published.

This opportunity is taken by the editors to express their appreciation of the courtesies and interest shown during the progress of their work by the clerk and the reporter of the Supreme Court of this State.

J. H. BROADY, JR.

TABLE OF TOPICS IN THIS VOLUME.

(Main heads are in Roman and cross-reference heads in Italics.)

1

1

6

G

6

7

7

7

S

8

8

8

8

S

8

9

12

13

17

19

19

24

21

30

30

30

31

31

31

31

31

33

34

34

50

51

53

53

53

53

54

54

54

54

54

362

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