Legal Opinion

Campbell v. Kirby

Nebraska Supreme Court

Decided March 18, 1976No. 40246PublishedCited by 17 opinions

1Opinion of the CourtSpencer, J.

This action involves the question of a resulting trust, a constructive trust, and whether or not the rights of the plaintiff-appellant, Hugh Campbell, were barred by the statute of limitations. The trial court determined plaintiff’s rights were barred by the statute of limitations and laches, and that plaintiff failed to prove a resulting trust. It reserved jurisdiction for the purpose of rendering a money judgment in favor of plaintiff and against defendants Francis J. Kirby and Phyllis R. Kirby in the sum of $23,087, and dismissed the action as to defendants Vincent J. Kirby and Bernadine…

2Cases cited8 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. Criswell v. CriswellNebraska Supreme Court · 1917
  3. Holbein v. HolbeinNebraska Supreme Court · 1948
  4. Kirby v. BergfieldNebraska Supreme Court · 1970
  5. Selig v. Wunderlich Contracting CompanyNebraska Supreme Court · 1955

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3Cited by17 opinions

  1. Van Pelt v. GreathouseNebraska Supreme Court · 1985
  2. Brtek v. CihalNebraska Supreme Court · 1994
  3. Kuhlman v. CargileNebraska Supreme Court · 1978
  4. Harrison v. SmithNebraska Supreme Court · 1978
  5. Biggerstaff v. OstrandNebraska Supreme Court · 1978

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