Reports of Cases in the Supreme Court of Nebraska, Nide 15
Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart
Gant Publishing Company, 1884
"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 affirmed agreed alleged amount answer appears applied assignment attachment attorney authority Bank bill bonds brought building cause cent charge cited claim consideration considered contract creditors damages debts decree deed defendant in error district court dollars duty effect entitled evidence exceptions execution fact failed favor filed firm give given ground held instruction interest issued John judges concur judgment jury justice land lease levied lien ment mortgage motion necessary notice objection Ohio opinion owner paid parties payment person petition plaintiff in error possession premises presented proceedings provides purchase question railroad reason received record recover rendered rule Smith sold statute sufficient sustained taken testimony thereof tion trial verdict witness
Sivu 395 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Sivu 319 - In an action for the recovery of money only, or specific real property, the jury in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Sivu 395 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Sivu 4 - The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property...
Sivu 564 - ... 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.
Sivu 564 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Sivu 543 - Before the judgment or order shall be opened, the applicant shall give notice to the adverse party of his intention to make such an application, and shall file a full answer to the petition, pay all costs, if the court require them to be paid, and make it appear to the satisfaction of the court, by affidavit, that during the pendency of the action he had no actual notice thereof in time to appear in court and make his defense...
Sivu 646 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Sivu 591 - ... for fraud practiced by the successful party in obtaining the judgment or order; (5) for erroneous proceedings against an infant or person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings; (6) for the death of one of the parties before the judgment in the action; (7) for unavoidable casualty or misfortune, preventing the party from prosecuting or defending...