party alleging defense (Nebraska) · Go Syfert
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party alleging defense in Nebraska

6 Nebraska opinions name it 2 courts 1892–2026 1 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
Gaeth v. Newmangreen
neb · 1972 · cited in 1 Nebraska opinions naming this issue, 2002–2002
2 sentences

2002The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” ...’” Gaeth v. Newman, 188 Neb. 756, 766 , 199 N.W.2d 396, 403 (1972); Kucaba v. Kucaba, 146 Neb. 116 , 18 N.W.2d 645 (1945).

2002The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” ...’” Gaeth v. Newman, 188 Neb. 756, 766 , 199 N.W.2d 396, 403 (1972); Kucaba v. Kucaba, 146 Neb. 116 , 18 N.W.2d 645 (1945).

11
Staskiewicz v. Stategreen
neb · 1944 · cited in 1 Nebraska opinions naming this issue, 1977–1977
2 sentences

1977See Staskiewicz v. State, 144 Neb. 581 , 14 N. W. 2d 184 (1944). *31 Defendants next contend that the District Court committed error in finding title to tract IV and V in plaintiff and several other defendants and in determining that defendants had no proprietary interest in tracts IV and V.

1977See Staskiewicz v. State, 144 Neb. 581 , 14 N. W. 2d 184 (1944). *31 Defendants next contend that the District Court committed error in finding title to tract IV and V in plaintiff and several other defendants and in determining that defendants had no proprietary interest in tracts IV and V.

11
Thams v. Sharpgreen
neb · 1896 · cited in 1 Nebraska opinions naming this issue, 1945–1945
2 sentences

1945See, also, Thams v. Sharp, 49 Neb. 237 , 68 N. W. 474; Coe v. Talcott, 130 Neb. 32 , 263 N. W. 596 .

1945See, also, Thams v. Sharp, 49 Neb. 237 , 68 N. W. 474; Coe v. Talcott, 130 Neb. 32 , 263 N. W. 596 .

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
Pebley v. Pebley green
nebctapp · 2026
2 sentences

2026PEBLEY Cite as 33 Neb.

2026PEBLEY Cite as 33 Neb.

12026–2026
Kucaba v. Kucaba green
neb · 1945
2 sentences

2002The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” ...’” Gaeth v. Newman, 188 Neb. 756, 766 , 199 N.W.2d 396, 403 (1972); Kucaba v. Kucaba, 146 Neb. 116 , 18 N.W.2d 645 (1945).

2002The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” ...’” Gaeth v. Newman, 188 Neb. 756, 766 , 199 N.W.2d 396, 403 (1972); Kucaba v. Kucaba, 146 Neb. 116 , 18 N.W.2d 645 (1945).

12002–2002
Production Credit Ass'n v. Eldin Haussermann Farms, Inc. green
neb · 1995
2 sentences

1998Production Credit Assn. v. Eldin Haussermann Farms, 247 Neb. 538 , 529 N.W.2d 26 (1995).

1998Production Credit Assn. v. Eldin Haussermann Farms, 247 Neb. 538 , 529 N.W.2d 26 (1995).

11998–1998
Coe v. Talcott neutral
neb · 1935
2 sentences

1945See, also, Thams v. Sharp, 49 Neb. 237 , 68 N. W. 474; Coe v. Talcott, 130 Neb. 32 , 263 N. W. 596 .

1945See, also, Thams v. Sharp, 49 Neb. 237 , 68 N. W. 474; Coe v. Talcott, 130 Neb. 32 , 263 N. W. 596 .

11945–1945
Phillips v. Bishop neutral
neb · 1892
2 sentences

1945The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” Phillips v. Bishop, 35 Neb. 487 , 53 N. W. 375 .

1945The presumption is in favor of the certificate, and the burden is upon the party alleging such a defense to prove it.” Phillips v. Bishop, 35 Neb. 487 , 53 N. W. 375 .

11945–1945
Young v. Duvall green
scotus · 1883
1 sentence

1892This court, in passing upon a similar question in Pereau v. Frederick, 17 Neb., 117 , said: “It is contended on behalf of the defendant, and we think correctly, that the certificate of the officer taking the acknowledgment must stand against a mere conflict of evidence, whether the instrument was voluntarily signed, acknowledged, and delivered or not, and cannot be impeached except upon proof which clearly shows it to be false and fraudulent.” In Marston v. Brittenham, 76 Ill., 611 , supra, the court say: “To impeach such a certificate, the evidence should do more than produce a mere preponder

11892–1892
Pereau v. Frederick neutral
neb · 1885
1 sentence

1892This court, in passing upon a similar question in Pereau v. Frederick, 17 Neb., 117 , said: “It is contended on behalf of the defendant, and we think correctly, that the certificate of the officer taking the acknowledgment must stand against a mere conflict of evidence, whether the instrument was voluntarily signed, acknowledged, and delivered or not, and cannot be impeached except upon proof which clearly shows it to be false and fraudulent.” In Marston v. Brittenham, 76 Ill., 611 , supra, the court say: “To impeach such a certificate, the evidence should do more than produce a mere preponder

11892–1892
Marston v. Brittenham green
ill · 1875
1 sentence

1892This court, in passing upon a similar question in Pereau v. Frederick, 17 Neb., 117 , said: “It is contended on behalf of the defendant, and we think correctly, that the certificate of the officer taking the acknowledgment must stand against a mere conflict of evidence, whether the instrument was voluntarily signed, acknowledged, and delivered or not, and cannot be impeached except upon proof which clearly shows it to be false and fraudulent.” In Marston v. Brittenham, 76 Ill., 611 , supra, the court say: “To impeach such a certificate, the evidence should do more than produce a mere preponder

11892–1892

Where else courts name it

GA 259 (1950–2026) ID 34 (2004–2026) LA 26 (1984–2015) KS 26 (1952–2026) MN 21 (1889–2017) NY 19 (1852–2024) SD 19 (1896–2010) WI 16 (1962–2026) OH 16 (1999–2026) MO 15 (1894–2023) MI 15 (1899–2025) IL 14 (1902–2026) TX 13 (1891–2024) AL 13 (1893–2007) ND 12 (1904–2001) CA 11 (1867–2019) NC 10 (1876–2013) MT 10 (1907–2011) WA 8 (2014–2025) IN 7 (1979–2012) MD 7 (2011–2023) WY 7 (1996–2020) NJ 6 (1955–2026) NE 6 (1892–2026) TN 5 (1993–2002) ME 5 (1997–2008) RI 5 (1996–2023) UT 4 (1989–2005) NM 4 (1913–1966) IA 4 (1943–2023) VT 4 (1981–2010) AK 4 (1991–2023) AR 4 (1982–1989) OK 3 (1911–2011) CO 3 (1926–2017) KY 2 (1995–2019) HI 2 (1980–1999) PA 2 (1983–1984) MS 2 (2004–2005) MA 2 (2014–2016)

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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