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8 Nebraska opinions name it 1 courts 1984–1993 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.
| Case | Followed | Cited |
|---|---|---|
State v. Beckleygreen2 sentences1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. 1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1 |
Board of Regents of the University of Nebraska v. Gillettegreen2 sentences1991To accomplish the State’s suggested interpretation, this court would have to apply the rule of statutory construction expressed in Board of Regents v. Gillette, 149 Neb. 56, 66 , 30 N.W.2d 296, 301 (1947): “The rule is that words may be supplied by the courts in construing a statute where that is necessary to complete the sense thereof and give effect to the intention of the Legislature manifested therein.” However, the preceding rule was rejected in State v. Reynolds, 235 Neb. 662 , 457 N.W.2d 405 (1990). 1991To accomplish the State’s suggested interpretation, this court would have to apply the rule of statutory construction expressed in Board of Regents v. Gillette, 149 Neb. 56, 66 , 30 N.W.2d 296, 301 (1947): “The rule is that words may be supplied by the courts in construing a statute where that is necessary to complete the sense thereof and give effect to the intention of the Legislature manifested therein.” However, the preceding rule was rejected in State v. Reynolds, 235 Neb. 662 , 457 N.W.2d 405 (1990). | 1 | 1 |
Brokaw v. Robinsongreen2 sentences1990In Brokaw v. Robinson, 183 Neb. 760, 764 , 164 N.W.2d 461, 465 (1969), this court stated that “the presence of a preexisting disease or condition would enhance the degree of proof required to establish that an injury arose out of and in the course of employment.” Moreover, in Brokaw the court concluded that “there was no evidence that the plaintiff had any preexisting disease or condition . . . .” Id. 1990In Brokaw v. Robinson, 183 Neb. 760, 764 , 164 N.W.2d 461, 465 (1969), this court stated that “the presence of a preexisting disease or condition would enhance the degree of proof required to establish that an injury arose out of and in the course of employment.” Moreover, in Brokaw the court concluded that “there was no evidence that the plaintiff had any preexisting disease or condition . . . .” Id. | 1 | 1 |
Glanzer v. . Shepardgreen2 sentences1984The oft-quoted rule was aptly and simply expressed by Judge Benjamin Cardozo in Glanzer v. Shepard, 233 N.Y. 236, 239-40 , 135 N.E. 275, 276 (1922): It is ancient learning that one who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all ( Coggs v. Bernard, 2 Ld. 1984The oft-quoted rule was aptly and simply expressed by Judge Benjamin Cardozo in Glanzer v. Shepard, 233 N.Y. 236, 239-40 , 135 N.E. 275, 276 (1922): It is ancient learning that one who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all ( Coggs v. Bernard, 2 Ld. | 1 | 1 |
Hart v. Ludwiggreen2 sentences1984The preceding principle is not novel, and is based on law much older than the tree which fell on McGinn. “ ‘If a party undertake[s] to perform work, and proceed[s] on the employment, he makes himself liable for any misfeasance in the course of that work ....’” See Hart v. Ludwig, 347 Mich. 559, 562 , 79 N.W.2d 895, 896-97 (1956), citing and quoting from Elsee v. Gatward, 5 Durnform & East’s 143, 101 Eng. 1984The preceding principle is not novel, and is based on law much older than the tree which fell on McGinn. “ ‘If a party undertake[s] to perform work, and proceed[s] on the employment, he makes himself liable for any misfeasance in the course of that work ....’” See Hart v. Ludwig, 347 Mich. 559, 562 , 79 N.W.2d 895, 896-97 (1956), citing and quoting from Elsee v. Gatward, 5 Durnform & East’s 143, 101 Eng. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCord v. McCord
green
2 sentences1993Moreover, we have also stated: “[Under the statutes of this state, a judgment in favor of the wife for [a set alimony allowance per] month for her maintenance for an indefinite period is a lien upon the real estate of the husband for all amounts due and to become due under such decree, and will have priority over the lien of a judgment subsequently rendered against the husband.” McCord, 128 Neb. at 237 , 258 N.W. at 477 (quoting Lynch, supra, and applying the preceding rule to a mortgagee who sought priority over the holder of an alimony lien). 1993Moreover, we have also stated: “[Under the statutes of this state, a judgment in favor of the wife for [a set alimony allowance per] month for her maintenance for an indefinite period is a lien upon the real estate of the husband for all amounts due and to become due under such decree, and will have priority over the lien of a judgment subsequently rendered against the husband.” McCord, 128 Neb. at 237 , 258 N.W. at 477 (quoting Lynch, supra, and applying the preceding rule to a mortgagee who sought priority over the holder of an alimony lien). | 1 | 1993–1993 |
State v. Adkison
green
1 sentence1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1993–1993 |
Baynard v. State
green
1 sentence1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1993–1993 |
State v. Richardson
green
2 sentences1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. 1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1993–1993 |
Beasley v. United States
green
1 sentence1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1993–1993 |
Layne v. State
green
1 sentence1993See, e.g., State v. Beckley, 157 Vt. 446 , 600 A.2d 294 (1991); Layne v. State, 542 So. 2d 237 (Miss. 1989); Baynard v. State, 518 A.2d 682 (Del. 1986); Beasley v. United States, 512 A.2d 1007 (D.C. 1986); State v. Richardson, 316 N.C. 594 , 342 S.E.2d 823 (1986); State v. Adkison, 175 W. | 1 | 1993–1993 |
Heiliger v. Walters & Heiliger Electric, Inc.
green
1 sentence1991Heiliger, supra at 466 , 461 N.W.2d at 571 . | 1 | 1991–1991 |
State v. Biernacki
green
2 sentences1991Although we are not required to search through the record to locate recitations of fact unannotated to the record, see State v. Biernacki, 237 Neb. 215 , 465 N.W.2d 732 (1991), nevertheless, we have examined the record in Wojcik’s case to ascertain the circumstances bearing on the claim that Wojcik’s sentence is too lenient. 1991Although we are not required to search through the record to locate recitations of fact unannotated to the record, see State v. Biernacki, 237 Neb. 215 , 465 N.W.2d 732 (1991), nevertheless, we have examined the record in Wojcik’s case to ascertain the circumstances bearing on the claim that Wojcik’s sentence is too lenient. | 1 | 1991–1991 |
State v. Reynolds
green
2 sentences1991To accomplish the State’s suggested interpretation, this court would have to apply the rule of statutory construction expressed in Board of Regents v. Gillette, 149 Neb. 56, 66 , 30 N.W.2d 296, 301 (1947): “The rule is that words may be supplied by the courts in construing a statute where that is necessary to complete the sense thereof and give effect to the intention of the Legislature manifested therein.” However, the preceding rule was rejected in State v. Reynolds, 235 Neb. 662 , 457 N.W.2d 405 (1990). 1991To accomplish the State’s suggested interpretation, this court would have to apply the rule of statutory construction expressed in Board of Regents v. Gillette, 149 Neb. 56, 66 , 30 N.W.2d 296, 301 (1947): “The rule is that words may be supplied by the courts in construing a statute where that is necessary to complete the sense thereof and give effect to the intention of the Legislature manifested therein.” However, the preceding rule was rejected in State v. Reynolds, 235 Neb. 662 , 457 N.W.2d 405 (1990). | 1 | 1991–1991 |
Byars v. United States
green
2 sentences1989In Byars v. United States, 273 U.S. 28 , 47 S. Ct. 248 , 71 L. 1989In Byars v. United States, 273 U.S. 28 , 47 S. Ct. 248 , 71 L. | 1 | 1989–1989 |
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.