first two assignments error (Nebraska) · Go Syfert
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first two assignments error in Nebraska

7 Nebraska opinions name it 1 courts 1965–2017 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 (3)

CaseFollowedCited
State v. Holtangreen
neb · 1984 · cited in 1 Nebraska opinions naming this issue, 1986–1986
2 sentences

1986We set out the standard of review for such matter in State v. Holtan, 216 Neb. 594, 597 , 344 N.W.2d 661, 663 (1984): “The right to withdraw a plea previously entered is not absolute, and in the absence of a clear abuse of discretion exercised by the trial judge, [the denial of withdrawal] will not be disturbed on appeal.” This court has adopted ABA Standards for Criminal Justice § 14-2.1(a) and (b) (2d ed. 1980).

1986We set out the standard of review for such matter in State v. Holtan, 216 Neb. 594, 597 , 344 N.W.2d 661, 663 (1984): “The right to withdraw a plea previously entered is not absolute, and in the absence of a clear abuse of discretion exercised by the trial judge, [the denial of withdrawal] will not be disturbed on appeal.” This court has adopted ABA Standards for Criminal Justice § 14-2.1(a) and (b) (2d ed. 1980).

11
Beaver Lake Ass'n v. Beaver Lake Corp.green
neb · 1978 · cited in 1 Nebraska opinions naming this issue, 1985–1985
2 sentences

1985Also, in our review of this case on the questions of public policy, while our review is de novo, we note that in Beaver Lake Assn. v. Beaver Lake Corp., 200 Neb. 685, 691 , 264 N.W.2d 871, 875 (1978), we said, “Courts should be cautious in holding contracts void on ground of public policy and before they do so prejudice to the public interest should clearly appear.” The first two assignments of error may be considered together, since each of those assignments are based on Blue Shield’s alleged violation of “public policy” in its nonassignment contractual provisions.

1985Also, in our review of this case on the questions of public policy, while our review is de novo, we note that in Beaver Lake Assn. v. Beaver Lake Corp., 200 Neb. 685, 691 , 264 N.W.2d 871, 875 (1978), we said, “Courts should be cautious in holding contracts void on ground of public policy and before they do so prejudice to the public interest should clearly appear.” The first two assignments of error may be considered together, since each of those assignments are based on Blue Shield’s alleged violation of “public policy” in its nonassignment contractual provisions.

11
State v. Olsongreen
neb · 1984 · cited in 1 Nebraska opinions naming this issue, 1984–1984
1 sentence

1984Recently, in State v. Olson, ante p. 130, 132, 347 N.W.2d 862, 864 (1984), we said: “ [I]t is, and has long been, the rule that for a question of constitutionality to be considered on appeal, it must have been properly raised in the trial court.

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
ACI Worldwide Corp. v. Baldwin Hackett & Meeks green
neb · 2017
1 sentence

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

12017–2017
In re Claims Against Pierce Elevator green
neb · 2015
1 sentence

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

12017–2017
Hartman v. Hartman green
neb · 2003
2 sentences

2017For these reasons, we do not address the first two assignments of error. 11 Robb v. Robb, 268 Neb. 694 , 687 N.W.2d 195 (2004). 12 Hartman v. Hartman, 265 Neb. 515 , 657 N.W.2d 646 (2003). 13 Gonzalez v. Union Pacific RR.

2017For these reasons, we do not address the first two assignments of error. 11 Robb v. Robb, 268 Neb. 694 , 687 N.W.2d 195 (2004). 12 Hartman v. Hartman, 265 Neb. 515 , 657 N.W.2d 646 (2003). 13 Gonzalez v. Union Pacific RR.

12017–2017
In Re Estate of Chrisp green
neb · 2009
2 sentences

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

12017–2017
Robb v. Robb green
neb · 2004
2 sentences

2017For these reasons, we do not address the first two assignments of error. 11 Robb v. Robb, 268 Neb. 694 , 687 N.W.2d 195 (2004). 12 Hartman v. Hartman, 265 Neb. 515 , 657 N.W.2d 646 (2003). 13 Gonzalez v. Union Pacific RR.

2017For these reasons, we do not address the first two assignments of error. 11 Robb v. Robb, 268 Neb. 694 , 687 N.W.2d 195 (2004). 12 Hartman v. Hartman, 265 Neb. 515 , 657 N.W.2d 646 (2003). 13 Gonzalez v. Union Pacific RR.

12017–2017
The Lamar Co., LLC v. City of Fremont green
neb · 2009
2 sentences

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

2017Co., 282 Neb. 47 , 803 N.W.2d 424 (2011); Lamar Co. v. City of Fremont, 278 Neb. 485 , 771 N.W.2d 894 (2009); In re Estate of Chrisp, 276 Neb. 966 , 759 N.W.2d 87 (2009). 14 In re Claims Against Pierce Elevator, 291 Neb. 798 , 868 N.W.2d 781 (2015). - 855 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ACI WORLDWIDE CORP. v. BALDWIN HACKETT & MEEKS Cite as 296 Neb. 818 ACI also assigns that the 2015 judgment should be vacated, because BHMI failed to present sufficient evidence to sup- port any of its counterclaims.

12017–2017
State v. Sanchell green
neb · 1974
2 sentences

1976We affirm. ■ The last comprehensive review by this court of the rules of law applicable to the first two assignments of error was in our opinion in State v. Sanchell, 191 Neb. 505 , 216 N. W. 2d 504 .

1976We affirm. ■ The last comprehensive review by this court of the rules of law applicable to the first two assignments of error was in our opinion in State v. Sanchell, 191 Neb. 505 , 216 N. W. 2d 504 .

11976–1976
State Ex Rel. City of Omaha v. Lynch green
neb · 1967
1 sentence

1967City of Omaha v. Lynch, ante p. 810, 151 N. W. 2d 278 , in which we held: “The country board of equalization can exercise only such powers as are expressly granted to it by statute and statutes conferring power and authority upon the county board of equalization in these circumstances are strictly construed. * * * “ ‘The levy of a tax is not a judicial function, nor is it merely the ministerial action of ascertaining the rate per cent; but it is a legislative function to be exercised only by the state or some inferior political division to which the state has delegated the power.’ ” In Ratigan

11967–1967
Ratigan v. Davis green
neb · 1963
2 sentences

1967City of Omaha v. Lynch, ante p. 810, 151 N. W. 2d 278 , in which we held: “The country board of equalization can exercise only such powers as are expressly granted to it by statute and statutes conferring power and authority upon the county board of equalization in these circumstances are strictly construed. * * * “ ‘The levy of a tax is not a judicial function, nor is it merely the ministerial action of ascertaining the rate per cent; but it is a legislative function to be exercised only by the state or some inferior political division to which the state has delegated the power.’ ” In Ratigan

1967City of Omaha v. Lynch, ante p. 810, 151 N. W. 2d 278 , in which we held: “The country board of equalization can exercise only such powers as are expressly granted to it by statute and statutes conferring power and authority upon the county board of equalization in these circumstances are strictly construed. * * * “ ‘The levy of a tax is not a judicial function, nor is it merely the ministerial action of ascertaining the rate per cent; but it is a legislative function to be exercised only by the state or some inferior political division to which the state has delegated the power.’ ” In Ratigan

11967–1967
Shields v. City of Kearney green
neb · 1965
1 sentence

1965The case of Shields v. City of Kearney, ante p. 49, 136 N. W. 2d 174 , is determinative on these issues.

11965–1965

Where else courts name it

OH 59 (1934–2025) OR 11 (1962–2024) LA 11 (1976–2024) VA 7 (1922–2021) NE 7 (1965–2017) TN 6 (1927–1978) OK 5 (1907–1988) AL 4 (1850–1962) PA 3 (1905–1946) WV 2 (2013–2019) WA 2 (1909–1923)

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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