Legal Opinion

Cleland v. Anderson

Nebraska Supreme Court

Decided November 6, 1902No. 12,160PublishedCited by 46 opinions

Error from tbe district court for Dawson county. Tried below before Sudlivan, J. Tbe bistory of tbe case appears in tbe opinion. Tbe objection of tbe association to tbe introduction of any evidence, should have been sustained. Morgan v. Bergen, 3 Nebr., 209; McWilliams v. Lawless, 15 Nebr., 131; Wheeler v. Walden, 17 Nebr., 122. Chapter 91b, Compiled Statutes, is unconstitutional: 1. It was never constitutionally passed by both branches of tbe legislature.

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Error from tbe district court for Dawson county. Tried below before Sudlivan, J. Tbe bistory of tbe case appears in tbe opinion. Tbe objection of tbe association to tbe introduction of any evidence, should have been sustained. Morgan v. Bergen, 3 Nebr., 209; McWilliams v. Lawless, 15 Nebr., 131; Wheeler v. Walden, 17 Nebr., 122. Chapter 91b, Compiled Statutes, is unconstitutional: 1. It was never constitutionally passed by both branches of tbe legislature. For tbe purpose of determining this ¿^act, tbe court will examine tbe journals. Webster v. City of Hastings, 59 Nebr., 563; State v.…

1Opinion of the Court

Pound, C.

Anderson, one of the defendants in error, who will be referred to as plaintiff, brought this action against Cle-*257land, Carroll, Back and West, and the Nebraska Retail Lumber Dealers’ Association', who will be called defendants, under section 11, chapter 91a, Compiled Statutes,* 1901, to recover damages sustained by reason of an alleged unlawful combination and conspiracy to prevent competition, regulate prices, and control the purchase and sale of lumber, whereby he alleged he had been driven out of business as a dealer in lumber, and forced into bankruptcy. Plaintiff was a contractor…

2Cases cited17 opinions

  1. Zabriskie v. . SmithNew York Court of Appeals · 1855
  2. Bohn Manufacturing Co. v. HollisSupreme Court of Minnesota · 1893
  3. Delz v. Winfree, Norman & PearsonTexas Supreme Court · 1891
  4. People v. . SheldonNew York Court of Appeals · 1893
  5. Phelps v. . NowlenNew York Court of Appeals · 1878

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3Cited by46 opinions

  1. Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
  2. Carlton v. GrimesSupreme Court of Iowa · 1946
  3. Ripple v. Mortgage & Acceptance Corp.Supreme Court of North Carolina · 1927
  4. Rohlf v. KasemeierSupreme Court of Iowa · 1908
  5. Steinacher v. SwansonNebraska Supreme Court · 1936

41 more not listed; retrieve them via the Exa API.

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