Report of Cases in the Supreme Court of Nebraska, Volume 2

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Callaghan & Cockcroft, 1873 - Court rules
 

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Page 134 - 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 248 - ... or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.
Page 480 - ... that he does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons...
Page 302 - Ignorantia juris haud excusat" ; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to...
Page 118 - ... on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee...
Page 397 - The property of no person shall be taken for public use without just compensation therefor.
Page 248 - ... be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 118 - ... the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee ; or in case of a widow making such entry, her heirs or devisee, in case of her death; shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit...
Page 480 - ... all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void.
Page 3 - HARLAN delivered the opinion of the court. This is an original application to this court for a writ of habeas corpus. The petitioner, David S.

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