Reports of Cases in the Supreme Court of Nebraska, Volume 39Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart Gant Publishing Company, 1894 - Law reports, digests, etc "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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Common terms and phrases
action aforesaid agreement alleged amount answer appellant appellee assessment attorney Bank Brady champerty Chase county cited City of Omaha claim consideration contract contributory negligence conveyance counsel court of Douglas creditors damages debt decree defendant in error district court Douglas county entitled evidence execution facts filed follows funds furnished Gaghagen guardian held injury instruction judgment jurisdiction jury Lancaster county land levied liable lien loan ment mortgage motion N. W. Rep Nebraska negligence Omaha & R. V. R. opinion P. R. Co paid parties payment person petition plaintiff in error pleadings Polk county possession premises proceedings purchase question quitclaim deed railroad company real estate reason record recover refused rule Saline county Saunders county Seward county statute sufficient suit sustained Swobe testimony thereof tion trial court usurious verdict void Western Union witness
Popular passages
Page 616 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Page 69 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 518 - 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...
Page 616 - There is no fixed standard In the law by which a court is enabled to arbitrarily say In every case what conduct shall be considered reasonable and prudent and what shall constitute ordinary care under any and all circumstances. The terms 'ordinary care,
Page 130 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract.
Page 707 - Constitution leads to the conclusion that no State has the right to lay a tax on interstate commerce in any form, whether by way of duties laid on the transportation of the subjects of that commerce, or on the receipts derived from that transportation, or on the occupation or business of carrying it on, and the reason is that such taxation is a burden on that commerce, and amounts to a regulation of it, which belongs solely to Congress.
Page 676 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 759 - ... it was calculated to, or actually did, defeat, impair, impede, or prejudice the rights or remedies of a party to an action or special proceeding, brought in the court, or before the judge or referee ; the court, judge, or referee must make a final order accordingly, and directing that he be punished by fine or imprisonment, or both, as the nature of the case requires. A warrant of commitment must issue accordingly.
Page 348 - Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 108 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...