Legal Opinion · Dissent

Noble v. City of Lincoln

Nebraska Supreme Court

Decided March 26, 1954No. 33490Published

1DissentYeager, J.

I respectfully dissent from the opinion adopted by the majority in this case. I do not think the majority opinion responds properly to the questions presented for consideration and determination. I think it is in essence a long step toward destruction of the constitutional division of the powers of government. To my mind it is an unwarranted invasion of the legislative by the judicial ■department.

This is an appeal from further proceedings in Noble v. City of Lincoln, 153 Neb. 79, 43 N. W. 2d 578, wherein the opinion was filed July 13, 1950.

The majority opinion here draws by quotation…

2Cases cited16 opinions

  1. Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
  2. Goodland v. ZimmermanWisconsin Supreme Court · 1943
  3. People v. McWeeneyIllinois Supreme Court · 1913
  4. Bonacci v. CerraNebraska Supreme Court · 1938
  5. Schroeder v. ZehrungNebraska Supreme Court · 1922

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