The Nebraska Synoptical Digest: A Digest of the Decisions of the Supreme Court of Nebraska Comp. from Volumes 1 to 80 Nebraska Reports and Volumes 1 to 5 Nebraska Reports (unofficial) Inclusive with Complete Tables of Cases Cited and Overruled ...Jefferson Hoover Broady, D. A. Haggard, D. Avery Haggard State journal Company, 1910 |
From inside the book
Results 1-5 of 100
Page 1265
... alleged chattel mortgage in which a temporary injunction has been granted restraining the defendant from selling , consuming or disposing of the property in controversy during the pendency of the action , does not withdraw the prop ...
... alleged chattel mortgage in which a temporary injunction has been granted restraining the defendant from selling , consuming or disposing of the property in controversy during the pendency of the action , does not withdraw the prop ...
Page 1274
... alleged " that said indemnity bond was executed and de- livered by the said defendants for the pur- pose of saving harmless the said plaintiff in the levy and sale of the property afore- said , and was delivered to the plaintiff by the ...
... alleged " that said indemnity bond was executed and de- livered by the said defendants for the pur- pose of saving harmless the said plaintiff in the levy and sale of the property afore- said , and was delivered to the plaintiff by the ...
Page 1310
... alleged to have been traded by the plaintiffs , as ex- ecutors , for real estate , does not prevent the vendees getting title to the hardware stock delivered to them by the executors . Edney v . Baum , 70 Neb . 159 ( 97 N. W. 252 ) ...
... alleged to have been traded by the plaintiffs , as ex- ecutors , for real estate , does not prevent the vendees getting title to the hardware stock delivered to them by the executors . Edney v . Baum , 70 Neb . 159 ( 97 N. W. 252 ) ...
Page 1313
... alleged to be due an estate , the trial court , on application of an heir at law , sets aside an order of dismissal made at the same term , on a stipulation entered into by the ad- ministrator and the defendant , and permits the heir at ...
... alleged to be due an estate , the trial court , on application of an heir at law , sets aside an order of dismissal made at the same term , on a stipulation entered into by the ad- ministrator and the defendant , and permits the heir at ...
Page 1314
... alleged matters in controversy between defendant and the original plaintiff . Held , Sufficient to show that she was ... allegations in the pleadings are binding upon all persons interested in the estate , In Solt v . the absence of ...
... alleged matters in controversy between defendant and the original plaintiff . Held , Sufficient to show that she was ... allegations in the pleadings are binding upon all persons interested in the estate , In Solt v . the absence of ...
Common terms and phrases
administrator agent alleged appear application Ass'n authority Bank bill of exceptions bond cause of action chapter charged chattel civil procedure claim code of civil Compiled Statutes contract conveyance conveyed county court court of equity creditors damages debt deceased decree deed defendant district court entitled equity error erty estoppel evidence ex rel execution exempt fact filed fraudulent fraudulent conveyance garnishment granted habeas corpus held homestead husband injunction insurance company intent intoxicating liquors issued judge judgment debtor jurisdiction jury land levy liability license lien loss ment mortgage mortgagor notice officer Omaha owner paid party payment person petition plaintiff plaintiff in error pleadings possession premium proceedings proof prosecution provisions purchaser Q. R. Co real estate recover rendered replevin res adjudicata sell statute of frauds sufficient suit surety sustain thereof tion trial Unof vacate valid verdict void waived waiver wife
Popular passages
Page 1838 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 1839 - ... or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified.
Page 1618 - 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.
Page 1837 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action.
Page 1380 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
Page 1351 - If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is. (7) If it contains any added substance or ingredient which is poisonous or injurious to health.
Page 1654 - A contract of insurance is an agreement by which one party, for a consideration (which is usually paid in money, either in one sum, or at different times during the continuance of the risk), promises to make a certain payment of money upon the destruction or injury of something in which the other party has an interest...
Page 1837 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose...
Page 1843 - The plea of res judicata applies, except in special cases, not only to points upon which the Court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Page 1688 - It is furthermore hereby expressly provided and mutually agreed that no suit or action against this company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or chancery until after an award shall have been obtained, fixing the amount of such claim, in the manner above provided...