has recognized exception (Nebraska) · Go Syfert
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has recognized exception in Nebraska

12 Nebraska opinions name it 1 courts 1896–2005 0 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.

Followed or applied (4)

CaseFollowedCited
Larson v. Wegnergreen
neb · 1930 · cited in 1 Nebraska opinions naming this issue, 2002–2002
2 sentences

2002This exception was discussed in Larson v. Wegner, 120 Neb. 449, 451-52 , 233 N.W. 253, 254 (1930), in which we stated: The only exception that has been made to the above rule and the only excuse which has been held sufficient to entitle the appellant to a review of the judgment of the lower court in this state has been where the appellant was free from neglect and was prevented from having his appeal docketed by the appellate court within the statutory period through the neglect or failure of the proper officer to prepare the transcript. ... ...

2002This exception was discussed in Larson v. Wegner, 120 Neb. 449, 451-52 , 233 N.W. 253, 254 (1930), in which we stated: The only exception that has been made to the above rule and the only excuse which has been held sufficient to entitle the appellant to a review of the judgment of the lower court in this state has been where the appellant was free from neglect and was prevented from having his appeal docketed by the appellate court within the statutory period through the neglect or failure of the proper officer to prepare the transcript. ... ...

11
Sargent Feed & Grain Co. v. Andersongreen
neb · 1984 · cited in 1 Nebraska opinions naming this issue, 1994–1994
2 sentences

1994See Sargent Feed & Grain v. Anderson, 216 Neb. 421 , 344 N.W.2d 59 (1984).

1994See Sargent Feed & Grain v. Anderson, 216 Neb. 421 , 344 N.W.2d 59 (1984).

11
Driekosen v. Black, Sivalls & Bryson, Inc.green
neb · 1954 · cited in 1 Nebraska opinions naming this issue, 1989–1989
2 sentences

1989This court has recognized the principle that “ ‘accompanying every contract is a common-law duty to perform the thing agreed to be done with care, skill, reasonable expediency, and faithfulness, and a negligent failure to observe any of these conditions is a tort as well as a breach of contract.’ ” Driekosen v. Black, Sivalls & Bryson, 158 Neb. 531, 536 , 64 N.W.2d 88, 92 (1954).

1989This court has recognized the principle that “ ‘accompanying every contract is a common-law duty to perform the thing agreed to be done with care, skill, reasonable expediency, and faithfulness, and a negligent failure to observe any of these conditions is a tort as well as a breach of contract.’ ” Driekosen v. Black, Sivalls & Bryson, 158 Neb. 531, 536 , 64 N.W.2d 88, 92 (1954).

11
Mann v. Wayne County Board of Equalizationgreen
neb · 1971 · cited in 1 Nebraska opinions naming this issue, 1988–1988
2 sentences

1988In Mann v. Wayne County Board of Equalization, 186 Neb. 752, 756 , 186 N.W.2d 729, 733 (1971), we stated: “In construing an act of the Legislature, all reasonable doubt must be resolved in favor of constitutionality.” The first error assigned on the cross-appeal concerns plaintiffs’ contention that the Legislature has unconstitutionally delegated authority to the Nebraska Department of Education.

1988In Mann v. Wayne County Board of Equalization, 186 Neb. 752, 756 , 186 N.W.2d 729, 733 (1971), we stated: “In construing an act of the Legislature, all reasonable doubt must be resolved in favor of constitutionality.” The first error assigned on the cross-appeal concerns plaintiffs’ contention that the Legislature has unconstitutionally delegated authority to the Nebraska Department of Education.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Parker v. LANCASTER COUNTY SCHOOL DIST. green
neb · 1998
1 sentence

2005We have also stated: “This court has recognized an exception to the accepted work doctrine in situations where the parties dealt with inherently dangerous elements or the defect at issue was latent and could not have been discovered by the owners or *254 employer.” Id.

12005–2005
Glenn v. W. T. Grant Co. green
neb · 1935
2 sentences

1982Brown v. Slack, 159 Neb. 142 , 65 N.W.2d 382 (1954); Glenn v. Grant Co., 129 Neb. 173 , 260 N.W. 811 (1935).

1982Brown v. Slack, 159 Neb. 142 , 65 N.W.2d 382 (1954); Glenn v. Grant Co., 129 Neb. 173 , 260 N.W. 811 (1935).

11982–1982
Brown v. Slack green
neb · 1954
2 sentences

1982Brown v. Slack, 159 Neb. 142 , 65 N.W.2d 382 (1954); Glenn v. Grant Co., 129 Neb. 173 , 260 N.W. 811 (1935).

1982Brown v. Slack, 159 Neb. 142 , 65 N.W.2d 382 (1954); Glenn v. Grant Co., 129 Neb. 173 , 260 N.W. 811 (1935).

11982–1982
Winchell v. NATIONAL BANK OF COMMERCE T. & S. ASS'N green
neb · 1967
1 sentence

1979Thus, in Wellnitz v. Muck, 182 Neb. 22 , 152 N. W. 2d 1 , plaintiff had sold defendant implements and parts, and had rendered services over a 12-year period.

11979–1979
Wellnitz v. Muck green
neb · 1967
1 sentence

1979Thus, in Wellnitz v. Muck, 182 Neb. 22 , 152 N. W. 2d 1 , plaintiff had sold defendant implements and parts, and had rendered services over a 12-year period.

11979–1979
Sorensen v. Chimney Rock Public Power District neutral
neb · 1940
2 sentences

1967In Sorensen v. Chimney Rock Public Power Dist., 138 Neb. 350 , 293 N. W. 121 , this court said: “* * * when a state, by itself or through its corporate creations, embarks in an enterprise, especially when commercial in character or which is usually carried on by individuals or private companies, its sovereign character is ordinarily waived, and it is subject to like regulations with persons engaged in the same calling.” See, also, Platte Valley Public Power & Irr.

1967In Sorensen v. Chimney Rock Public Power Dist., 138 Neb. 350 , 293 N. W. 121 , this court said: “* * * when a state, by itself or through its corporate creations, embarks in an enterprise, especially when commercial in character or which is usually carried on by individuals or private companies, its sovereign character is ordinarily waived, and it is subject to like regulations with persons engaged in the same calling.” See, also, Platte Valley Public Power & Irr.

11967–1967
Myers v. Persson neutral
neb · 1913
2 sentences

1936“Ambiguity in a written instrument may be explained by oral testimony showing the mutual understanding of the parties.” Myers v. Persson, 94 Neb. 467 , 143 N. W. 447 .

1936“Ambiguity in a written instrument may be explained by oral testimony showing the mutual understanding of the parties.” Myers v. Persson, 94 Neb. 467 , 143 N. W. 447 .

11936–1936
Toledo Computing Scale Co. v. Fredericksen neutral
neb · 1914
1 sentence

1919The court has recognized the doctrine of implied warranty, and in many cases has held that, where an. article was worthless for the specific purpose for which it was bought, it has laid down the rule that there is an implied warranty that “the article supplied shall be reasonably fit for the purpose for which it is sold.’’ Toledo Computing Scale Co. v. Fredericksen, 95 Neb. 689 .

11919–1919
State ex rel. Hocknell v. Roper neutral
neb · 1896
1 sentence

1897It has been urged that in State v. Roper, 47 Neb., 417 , this court has recognized the rule that a majority of all the votes cast with reference to a given proposition was sufficient to effect its adoption, and that the majority of all votes cast at such election was not required.

11897–1897
Murphy v. Ernst neutral
neb · 1895
1 sentence

1896(Murphy v. Ernst, 46 Neb., 1 .) A bald application of the foregoing cases would lead to an affirmance of this judgment, because the petition does plead a conviction both in the county and in the district courts; and it is not pleaded that the defendant resorted to any fraud, perjury, or false testimony to procure the same.

11896–1896

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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.

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