inequity of permitting claim (Nebraska) · Go Syfert
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inequity of permitting claim in Nebraska

8 Nebraska opinions name it 1 courts 1930–1990 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 (1)

CaseFollowedCited
Geiss v. Trinity Lutheran Church Congregationgreen
neb · 1930 · cited in 3 Nebraska opinions naming this issue, 1932–1955
2 sentences

1955“Laches does not, like limitation, grow out of the mere passage of time; but it is founded upon the inequity of permitting the claim to be enforced — an inequity founded upon some *535 change in the condition or relations of the property or the parties.” Geiss v. Trinity Lutheran Church Congregation, 119 Neb. 745 , 230 N. W. 658 .

1955“Laches does not, like limitation, grow out of the mere passage of time; but it is founded upon the inequity of permitting the claim to be enforced — an inequity founded upon some *535 change in the condition or relations of the property or the parties.” Geiss v. Trinity Lutheran Church Congregation, 119 Neb. 745 , 230 N. W. 658 .

13

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 (6)

CaseCitedYears
Felix v. Patrick green
· 1892
2 sentences

1939Ed. ( 145 U. S. 317 ) 719, 720, we find the following: ‘The objection of laches is not tenable to defeat an equity cause, where there has been no material change in defendant’s position.’ * * * “In Garden Cemetery Corporation v. Baker, 218 Mass. 339 , it was said, in effect, that, where no one has been misled to his harm in any legal sense by the delay and the situation has not materially changed, the delay is not fatal.

1930Ed. ( 145 U. S. 317 ) 719, 720, we find the following: “The objection of laches is not tenable to defeat an equity cause, where there has been no material change in defendant’s position, or in the subject-matter of the action, caused by plaintiff’s delay; or where the plaintiff has been ignorant of his rights, or, though apprehensive of them, there was such an obscurity in the transaction that it was difficult to gain the facts upon which to maintain the action”—citing Blennerhassett v. Day, 2 Ball & B.

21930–1939
Scheibel v. Scheibel green
neb · 1979
2 sentences

1990Scheibel v. Scheibel, 204 Neb. 653 , 284 N.W.2d 572 (1979).

1990Scheibel v. Scheibel, 204 Neb. 653 , 284 N.W.2d 572 (1979).

11990–1990
Miller v. Miller green
neb · 1951
2 sentences

1979With the exception of copies of the two decrees of divorce, a matrimonial certificate, and a stipulation in which the dates of the divorce, remarriage, and subsequent divorce appear, no evidence was introduced. *654 “Laches does not, like limitation, grow out of the mere passage of time; but it is founded upon the inequity of permitting the claim to be enforced - an inequity founded upon some change in the condition or relation of the parties.” Miller v. Miller, 153 Neb. 890 , 46 N. W. 2d 618 .

1979With the exception of copies of the two decrees of divorce, a matrimonial certificate, and a stipulation in which the dates of the divorce, remarriage, and subsequent divorce appear, no evidence was introduced. *654 “Laches does not, like limitation, grow out of the mere passage of time; but it is founded upon the inequity of permitting the claim to be enforced - an inequity founded upon some change in the condition or relation of the parties.” Miller v. Miller, 153 Neb. 890 , 46 N. W. 2d 618 .

11979–1979
Scottsbluff National Bank v. Blue J Feeds, Inc. green
neb · 1952
2 sentences

1958Bank v. Blue J Feeds, Inc., 156 Neb. 65 , 54 N. W. 2d 392 .

1958Bank v. Blue J Feeds, Inc., 156 Neb. 65 , 54 N. W. 2d 392 .

11958–1958
Galliher v. Cadwell green
scotus · 1892
2 sentences

1951See, Geiss v. Trinity Lutheran Church Congregation, 119 Neb. 745 , 230 N. W. 658 ; Galliher v. Cadwell, 145 U. S. 368 , 36 L.

1951See, Geiss v. Trinity Lutheran Church Congregation, 119 Neb. 745 , 230 N. W. 658 ; Galliher v. Cadwell, 145 U. S. 368 , 36 L.

11951–1951
Garden Cemetery Corp. v. Baker green
mass · 1914
1 sentence

1939Ed. ( 145 U. S. 317 ) 719, 720, we find the following: ‘The objection of laches is not tenable to defeat an equity cause, where there has been no material change in defendant’s position.’ * * * “In Garden Cemetery Corporation v. Baker, 218 Mass. 339 , it was said, in effect, that, where no one has been misled to his harm in any legal sense by the delay and the situation has not materially changed, the delay is not fatal.

11939–1939

Where else courts name it

IL 25 (1947–2025) NH 20 (1984–2025) AL 19 (1894–2016) MI 10 (1928–1989) GA 10 (1939–1970) NE 8 (1930–1990) MT 7 (1985–2018) PA 4 (1925–1982) TX 4 (1938–2017) ND 3 (1978–1982) OH 3 (1906–1989) FL 3 (1961–1969) NM 3 (1901–1981) CO 2 (1919–1929) MD 2 (2007–2020) MO 2 (1951–1983) TN 2 (1927–1954) IN 2 (1916–1939) WV 2 (1932–2014) MN 2 (2005–2015) KS 2 (1910–1926) NY 2 (1982–2024) WI 2 (1905–1907)

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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