14 Nebraska opinions name it 2 courts 1890–2023 2 in the last five years
The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
BD. OF EDUC. OF KEYA PAHA v. State Bd. of Educ.green2 sentences2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). 2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). | 2 | 5 |
DEPT. OF HEALTH AND HUMAN SERV. v. Weekleygreen2 sentences2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). 2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). | 2 | 2 |
Flamingo, Inc. v. Nebraska Liquor Control Commissiongreen2 sentences1982In the present case, we are of the opinion that the “action” was “taken” in Lancaster County, the site of the first adjudicated hearing of a disputed claim, and petitioner’s petition should have been filed in the District Court for that county. “ ‘The right to appeal is statutory and the requirements of the statute are mandatory and must be complied with before the appellate court acquires jurisdiction of the subject matter of the action.’ ” The Flamingo, Inc. v. Nebraska Liquor Control Commission, 185 Neb. 22, 25 , 173 N.W.2d 369, 371-72 (1969). 1982In the present case, we are of the opinion that the “action” was “taken” in Lancaster County, the site of the first adjudicated hearing of a disputed claim, and petitioner’s petition should have been filed in the District Court for that county. “ ‘The right to appeal is statutory and the requirements of the statute are mandatory and must be complied with before the appellate court acquires jurisdiction of the subject matter of the action.’ ” The Flamingo, Inc. v. Nebraska Liquor Control Commission, 185 Neb. 22, 25 , 173 N.W.2d 369, 371-72 (1969). | 2 | 2 |
Essman v. NEBRASKA LAW ENF. TRAINING CENT.green2 sentences2002Section 84-917(2)(a) provides in part: “Proceedings for review shall be instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the agency.” We have previously held that the phrase “county where the action is taken,” as used in § 84-917(2)(a), is defined as “ ‘the site of the first adjudicated hearing of a disputed claim.’ ” See Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347, 351 , 562 N.W.2d 355, 358 (1997). 2002Section 84-917(2)(a) provides in part: “Proceedings for review shall be instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the agency.” We have previously held that the phrase “county where the action is taken,” as used in § 84-917(2)(a), is defined as “ ‘the site of the first adjudicated hearing of a disputed claim.’ ” See Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347, 351 , 562 N.W.2d 355, 358 (1997). | 1 | 3 |
Great Plains Container Co. v. Hiattgreen2 sentences2022JBS Not Required to Appear or Present Evidence to Tribunal On appeal, Badawi argues that JBS necessarily failed to meet its burden to show he was discharged for miscon- duct because it did not appear and present evidence at the 13 Great Plains Container Co. v. Hiatt, 225 Neb. 558, 559 , 407 N.W.2d 166, 168 (1987). 14 See 224 Neb. 2022JBS Not Required to Appear or Present Evidence to Tribunal On appeal, Badawi argues that JBS necessarily failed to meet its burden to show he was discharged for miscon- duct because it did not appear and present evidence at the 13 Great Plains Container Co. v. Hiatt, 225 Neb. 558, 559 , 407 N.W.2d 166, 168 (1987). 14 See 224 Neb. | 1 | 1 |
Sheasley v. Keensgreen2 sentences2017Under the rule then in effect, a suit was commenced upon service of summons.12 This application proved problematic, because persons aware of the filing of a complaint but not yet served with summons could freely alienate the property and preclude a court from awarding the relief requested in the complaint.13 To address this problem, the Legislature amended the lis pendens statute in 1887 to permit a plaintiff to record a notice of lis pendens with the register of deeds at or near the time of filing the complaint and thereby give notice of the disputed claim and bind any subsequent purchaser t 2017Under the rule then in effect, a suit was commenced upon service of summons.12 This application proved problematic, because persons aware of the filing of a complaint but not yet served with summons could freely alienate the property and preclude a court from awarding the relief requested in the complaint.13 To address this problem, the Legislature amended the lis pendens statute in 1887 to permit a plaintiff to record a notice of lis pendens with the register of deeds at or near the time of filing the complaint and thereby give notice of the disputed claim and bind any subsequent purchaser t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Metro Renovation, Inc. v. State Department of Labor
green
2 sentences1997In that case, we held that the phrase "county where the action is taken" as used in § 84-917(2)(a) is defined as "the site of the first adjudicated hearing of a disputed claim." 249 Neb. at 341, 543 N.W.2d at 719 . 1997In that case, we held that the phrase “county where the action is taken” as used in § 84-917(2)(a) is defined as “the site of the first adjudicated hearing of a disputed claim.” 249 Neb. at 341, 543 N.W.2d at 719 . | 4 | 1997–2018 |
State v. Nelson
green
2 sentences2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). 2018See, Nebraska Dept. of Health & Human Servs. v. Weekley, 274 Neb. 516 , 741 N.W.2d 658 (2007) ; Essman v. Nebraska Law Enforcement Training Ctr., 252 Neb. 347 , 562 N.W.2d 355 (1997) ; Metro Renovation v. State, 249 Neb. 337 , 543 N.W.2d 715 (1996), disapproved on other grounds, State v. Nelson, 274 Neb. 304 , 739 N.W.2d 199 (2007) ; Bd. of Ed. of Keya Paha County v. State Board of Education, 212 Neb. 448 , 323 N.W.2d 89 (1982). | 2 | 2018–2018 |
Badawi v. Albin
green
2 sentences2023Badawi v. Albin, 311 Neb. 603 , 973 N.W.2d 714 (2022). 2023Badawi v. Albin, 311 Neb. 603 , 973 N.W.2d 714 (2022). | 1 | 2023–2023 |
Brown v. Jacobsen Land & Cattle Co.
green
1 sentence2017Cite as 297 Neb. 541 the proceedings. | 1 | 2017–2017 |
Munger v. T. J. Beard & Brother
neutral
2 sentences2017Under the rule then in effect, a suit was commenced upon service of summons.12 This application proved problematic, because persons aware of the filing of a complaint but not yet served with summons could freely alienate the property and preclude a court from awarding the relief requested in the complaint.13 To address this problem, the Legislature amended the lis pendens statute in 1887 to permit a plaintiff to record a notice of lis pendens with the register of deeds at or near the time of filing the complaint and thereby give notice of the disputed claim and bind any subsequent purchaser t 2017Under the rule then in effect, a suit was commenced upon service of summons.12 This application proved problematic, because persons aware of the filing of a complaint but not yet served with summons could freely alienate the property and preclude a court from awarding the relief requested in the complaint.13 To address this problem, the Legislature amended the lis pendens statute in 1887 to permit a plaintiff to record a notice of lis pendens with the register of deeds at or near the time of filing the complaint and thereby give notice of the disputed claim and bind any subsequent purchaser t | 1 | 2017–2017 |
Massillon Engine & Thresher Co. v. Prouty
neutral
2 sentences1955“Where parties capable of entering into a contract enter into an agreement whereby the one agrees to pay, and the other to accept, a certain sum in full satisfaction and discharge of a disputed claim urged by the latter against the former, such agreement constitutes a valid contract between the parties.” Massillon Engine & Thresher Co. v. Prouty, 65 Neb. 496 , 91 N. W. 384 . 1955“Where parties capable of entering into a contract enter into an agreement whereby the one agrees to pay, and the other to accept, a certain sum in full satisfaction and discharge of a disputed claim urged by the latter against the former, such agreement constitutes a valid contract between the parties.” Massillon Engine & Thresher Co. v. Prouty, 65 Neb. 496 , 91 N. W. 384 . | 1 | 1955–1955 |
Deutmann v. Kilpatrick
neutral
1 sentence1902It does not apply to the case of a disputed claim.” In Deutmann v. Kilpatrick, 46 Mo. App., 624, 629 , after stating the general rule as herein stated, the court says: “But, where the claim is disputed, a party must accept a tender as made, or must reject it; he can not accept it and prescribe the terms of acceptance.” Of course, it is the fact of a dispute or controversy as to what is due, which furnishes the consideration for the settlement, and upholds it as a contract. | 1 | 1902–1902 |
Cummings v. Baars
neutral
1 sentence1890Counsel for defendant in error in the brief claim that the writing under consideration is more than a receipt, and they cite cases which establish the proposition that when a receipt u contains an agreement or stipulation upon a compromise or settlement of disputed claims, or unliquidated damages, that the 'one party is to receive or accept a certain sum in full acquittance and discharge of such claims, it is a contract, and is not liable to be contradicted by parol, but is conclusive upon the parties, in the absence of fraud or mistake.” (Cummings v. Baars, 36 Minn., 350 , cited by counsel fo | 1 | 1890–1890 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.