Reports of Cases in the Supreme Court of Nebraska, Volume 2
Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Lee Herdmen, Walter Alber Leese, Henry Clay Lindsay, Henry Paxon Stoddart
Gant Publishing Company, 1873
"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 admitted alleged amount answer appear applied assignment attachment authority bill bonds brought cause charge City claim commissioners condition Congress consideration considered constitution construction contract debt decision deed defendant delivered direct District Court dollars draft duty effect entered entry error evidence exception execution express fact filed give given held hold hundred indorsement instruction intended interest issued Johnson judge judgment jurisdiction jury Justice land legislature liable limited matter means ment mortgage Nebraska necessary objection opinion paid party passed patent payee payment person petition plaintiff possession present proceedings proof purchaser question railroad reason received record recover reference refused rendered respect rule saline says sect statute sufficient taken term testimony thing tion trial United void White
Página 137 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Página 250 - ... or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Página 306 - Ignorantia juris haud excusat" ; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to...
Página 120 - ... on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead...
Página 401 - The property of no person shall be taken for public use without just compensation therefor.
Página 488 - ... all questions as to the right of pre-emption arising between different settlers shall be settled by the register and receiver of the district within which the land is situated, subject to an appeal to and a revision by the Secretary of the Treasury of the United States.
Página 395 - That any county or city in the State of Nebraska is hereby authorized to issue bonds to aid in the construction of any railroad, or other work of internal improvement...
Página 454 - State, and when so selected to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or...
Página 120 - ... the person making such entry ; or if he be dead, his widow ; or in case of her death, his heirs or devisee; or in case of a widow making such entry...