Reports of Cases in the Supreme Court of Nebraska, Τόμος 4State Journal Company, 1905 |
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Αποτελέσματα 1 - 5 από τα 100.
Σελίδα xxvii
... FORMER TRIAL . Smith v . State , 42 Neb . , 356 , 60 N. W. Rep . , 585 ............ 667 , 668 State v . Ambrose , 47 Neb . , at page 240 , 66 N. W. Rep . , 306 .... 668 German Nat . Bank v . Leonard , 40 Neb . , at page 685 , 59 N. W. ...
... FORMER TRIAL . Smith v . State , 42 Neb . , 356 , 60 N. W. Rep . , 585 ............ 667 , 668 State v . Ambrose , 47 Neb . , at page 240 , 66 N. W. Rep . , 306 .... 668 German Nat . Bank v . Leonard , 40 Neb . , at page 685 , 59 N. W. ...
Σελίδα 14
... former opinion says the issue as to the suitableness of the gravel was not sub- mitted , but there would have been no error in submitting it for it was made in the pleading and evidence intro- duced as to it . Defendant had pleaded a ...
... former opinion says the issue as to the suitableness of the gravel was not sub- mitted , but there would have been no error in submitting it for it was made in the pleading and evidence intro- duced as to it . Defendant had pleaded a ...
Σελίδα 16
... former hearing considered them and there is no complaint now that they were not correctly determined at the former hearing . The complaint that the review of the evidence is solely with reference to a false issue , namely , the actual ...
... former hearing considered them and there is no complaint now that they were not correctly determined at the former hearing . The complaint that the review of the evidence is solely with reference to a false issue , namely , the actual ...
Σελίδα 23
... former . Undoubtedly negligence of the person injured , in such a case , may be taken into account in determining the damages ; and he cannot recover for damages which he might have avoided by the use of reasonable and ordinary ...
... former . Undoubtedly negligence of the person injured , in such a case , may be taken into account in determining the damages ; and he cannot recover for damages which he might have avoided by the use of reasonable and ordinary ...
Σελίδα 53
... former owner of the property , offered by the defendant in support of its plea of estoppel . The offer was in these words : " The defendant offers to prove by the witness , that , in the purchase of the property in contro- versy herein ...
... former owner of the property , offered by the defendant in support of its plea of estoppel . The offer was in these words : " The defendant offers to prove by the witness , that , in the purchase of the property in contro- versy herein ...
Άλλες εκδόσεις - Προβολή όλων
Reports of Cases in the Supreme Court of Nebraska, Τόμος 4 Nebraska. Supreme Court Πλήρης προβολή - 1905 |
Συχνά εμφανιζόμενοι όροι και φράσεις
adverse possession affidavit agent agreement alleged amount answer Appeal and Error appellee application appraisement assigned Bank cause of action claim Commissioner's opinion Compiled Statutes complaint concur contract county court court be affirmed court erred court for Douglas damages Dawes county Dawson county decree deed defendant in error defendant's denied district court Douglas county entitled equity evidence executed fact fendant filed finding foreclosure fraud held homestead instruction Insurance issue judgment jurisdiction jury Lancaster county land levy lien Loan & Trust ment mortgage motion N. W. Rep Nebraska negligence objection OLDHAM overruled owner paid parties payment petition plaintiff in error pleadings possession premises proceedings prosecution purchase question recommended record remanded rendered reversed rule Saline county Sarpy county South Omaha subrogation sufficient suit sustained taxes testimony thereof tiff tion trial court Tried verdict warranty wife witness
Δημοφιλή αποσπάσματα
Σελίδα 77 - ... the cause of action in such case shall not be deemed to have accrued until the discovery, by the aggrieved party, of the act or acts complained of; but in all other cases, and as to wells heretofore or hereafter drilled, the cause of action...
Σελίδα 290 - The question of the meaning of a written contract is ordinarily one of law for the court, and not one of fact for the jury.
Σελίδα 83 - The general assembly shall have no power to release or discharge any county, city, township, town, or district whatever, or the inhabitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatsoever.
Σελίδα 203 - The court must, in every stage of the action, disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party ; and no judgment can be reversed or affected by reason of such error or defect.
Σελίδα 143 - If, on the other hand, after making an agreement, in the process of reducing it to a written form, the instrument, by means of a mistake of law, fails to express the contract which the parties actually entered into, equity will interfere, with the appropriate relief, either by way of ! defense to its enforcement, or by cancella! tion, or by reformation, to the same extent : as if the failure of the writing to express the real contract was caused by a mistake of fact.
Σελίδα 672 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Σελίδα 280 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Σελίδα 84 - ... increase or diminish the aggregate valuation of real estate in any town or ward, by adding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estate in the county...
Σελίδα 758 - Each stockholder in any corporation [excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business shall be liable to the amount of stock held or owned by him.
Σελίδα 120 - But it is a well-settled rule, that a witness cannot be cross-examined as to any fact, which is collateral and irrelevant to the issue merely for the purpose of contradicting him by other evidence...