Download PDF, EPUB, MOBI Reports of Cases in the Supreme Court of Nebraska (Volume 27)

Download PDF, EPUB, MOBI Reports of Cases in the Supreme Court of Nebraska (Volume 27)

Reports of Cases in the Supreme Court of Nebraska (Volume 27). Nebraska Supreme Court

Reports of Cases in the Supreme Court of Nebraska (Volume 27)
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Author: Nebraska Supreme Court
Page Count: 516 pages
Published Date: 04 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234997687
File Name: Reports.of.Cases.in.the.Supreme.Court.of.Nebraska.(Volume.27).pdf
Download Link: Reports of Cases in the Supreme Court of Nebraska (Volume 27)
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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... Frey v. Owens. therefore within the provisions of the statute, which further provides (sec. 5) that "when such appeal is taken, the county court shall, on payment of his fees therefor, transmit to the clerk of the district court, within ten days after perfecting such appeal, a certified transcript of the record and proceedings relative to the matter appealed from." It further appears from the record that the transcript in this case was transmitted to the clerk of the district court on January 12, 1889, "within ten days after perfecting the appeal," in accordance with the act of February 28, 1881. The order of the district court was therefore erroneous, and is reversed, the appeal reinstated, and the cause is remanded for further proceedings in accordance with law. Judgment Accordingly. The other Judges concur. Bertha Frey Et Al. V. Ella E. Owens Et Al. [filed November 20,1889.] An Amendment of a petition in equity, allowed by the district court, altera finding and judgment on the merits, under a state of facts and circumstances set out at length in the opinion, held, properly allowed and made. Error to the district court for Cass county. Tried below before Chapman, J. S. P. Vanatta, for plaintiff in error: The agreement as to the final decree being solemnly executed, and sanctioned by the court, cannot now be amended by it; nor should it be set aside on account of a blunder, or even of fraud, unless the evidence of the latter be conclu Frey v. Owens. sive. The instrument itself is evidence not to be overcome by unsatisfactory oral testimony. {Partin v. Small, 68 Me., 290; Brown v. Blunt, 72 Id., 415; Martin v. Berens, 67 Pa>St., 459; Cannon v. Jackson, 40 Ark., 417; McCallv. Bushnell, 42 N. W. Rep. [Minn.], 545; Caldwell v. Depew, Id., 479; Owen v. Yale, Id. [Mic...

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