Boales v. Ferguson
Nebraska Supreme Court
Appeal, from tbe district court of Saline county. Heard below before Hastings, J. Tbe opinion contains a statement of tbe case. An unconstitutional statute bas tbe force of law until declared void by tbe court of last resort.
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Appeal, from tbe district court of Saline county. Heard below before Hastings, J. Tbe opinion contains a statement of tbe case. An unconstitutional statute bas tbe force of law until declared void by tbe court of last resort. (Miller v. Dunn, 72 Qal. 4)62; Sessions v. Botts, 34 Tex. 335; People v. Sal-omon, 54 Ill. 40; St. Louis & S. F. B. Go. v. Evans, S5 Mo. 307; Brandhoeffer v. Bain, 45 Neb. 781.) . A vested right created by reason of tbe passage of an act cannot be disturbed tbougb tbe act be declared unconstitutional. (Wehster v. Reid, 1 Morris [la.] 467*; Williams v. Johnson, 96 Am.…
1Opinion of the CourtSullxvan, J.
After tbe enactment of chapter 57, Session Law's of 1889, known as “Baker’s Decedents’ Law,” and before it was declared unconstitutional by tbis court, Emily A. Praul died intestate, leaving an estate in Saline county wbicb tbe appellant E. I. Ferguson proceeded to administer under tbe direction and by tbe authority of tbe county court of that county. Surviving the deceased were her husband, William Praul, and four children, tbe issue of a former marriage. On tbe assumption that tbe new decedents’ law was valid and that, under its provisions, be was entitled to one-third of tbe money…
2Cases cited6 opinions
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3Cited by31 opinions
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- Barber v. ChaseSupreme Court of Vermont · 1928
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