legislature cannot remove bar (Nebraska) · Go Syfert
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legislature cannot remove bar in Nebraska

6 Nebraska opinions name it 2 courts 1935–1998 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 (2)

CaseFollowedCited
Grand Island School District 2 v. Celotex Corp.green
neb · 1979 · cited in 2 Nebraska opinions naming this issue, 1991–1993
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

12
Dorland v. City of Humboldtgreen
neb · 1935 · cited in 1 Nebraska opinions naming this issue, 1998–1998
2 sentences

1998See Dorland v. City of Humboldt, 129 Neb. 477 , 484 , 262 N.W. 22 , 25 (1935) (stating that "the Legislature cannot remove a bar or limitation which has already become complete" in rejecting the contention "that the Legislature [could] set aside the bar of the statute of limitations and permit the recovery of illegal taxes," thus "open[ing] the door" to "permit the recovery of other taxes paid years before.").

1998See Dorland v. City of Humboldt, 129 Neb. 477 , 484 , 262 N.W. 22 , 25 (1935) (stating that "the Legislature cannot remove a bar or limitation which has already become complete" in rejecting the contention "that the Legislature [could] set aside the bar of the statute of limitations and permit the recovery of illegal taxes," thus "open[ing] the door" to "permit the recovery of other taxes paid years before.").

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 (8)

CaseCitedYears
Horbach v. Miller green
· 1875
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

31935–1991
Educational Service Unit No. 3 v. Mammel, Olsen, Schropp, Horn & Swartzbaugh, Inc. green
neb · 1974
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

31976–1991
Battles v. Fobes neutral
mass · 1836
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991
Wright v. Oakley green
· 1843
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991
Willard v. Clarke neutral
mass · 1844
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991
Brigham v. Bigelow green
mass · 1847
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991
Darling v. Wells green
mass · 1848
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991
Bigelow v. Bemis green
mass · 1861
2 sentences

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.' ..." Grand Island School Dist. # 2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875)

1991The only restriction on the exercise of this power is, that the legislature cannot remove a bar or limitation which has already become complete, and that no limitation shall be made to take effect on existing claims without allowing a reasonable time for parties to bring action before these claims are absolutely barred by a new enactment.’...” Grand Island School Dist. #2 v. Celotex Corp., 203 Neb. 559, 563-64 , 279 N.W.2d 603, 607 (1979), quoting Educational Service Unit No. 3 v. Mammel, O., S., H. & S., Inc., 192 Neb. 431 , 222 N.W.2d 125 (1974), quoting Horbach v. Miller, 4 Neb. 31 (1875),

11991–1991

Where else courts name it

NE 6 (1935–1998) KY 3 (1938–2024) VA 2 (1991–1993)

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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