Jones v. Davis
Nebraska Supreme Court
Appeal from Douglas county. Tried below before Savage, J. The facts appear in the opinion. I. This act clearly falls within the decision of the court, in Emails v. White, 4 Neb., 353, and is unconstitutional in that regard. II.
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Appeal from Douglas county. Tried below before Savage, J. The facts appear in the opinion. I. This act clearly falls within the decision of the court, in Emails v. White, 4 Neb., 353, and is unconstitutional in that regard. II. The contract was made, and suit prosecuted to final decree prior to the passage of the act of February I9th, 1875, and the act in question is obnoxious to the provisions of the constitution of this state, section twelve, article I, as well as the provision of section ten, article I, of the constitution of the United States, in that it impairs the obligation of the…
1Opinion of the Court
Lake, Ch. J.
This is an appeal from an order confirming a sale of real estate by a sheriff under a decree of foreclosure, and the only questions presented relate to the constitutionality of the act of the legislature of 1875, which provides *36“ for the more equitable appraisement of real property under judicial sale.”
It seems to have been supposed by counsel for the appellant that this act is open to the same objection which we found in Smails v. White, 4 Neb., 353, to the act then under review. It is clear, however, that it is not. This act is of itself a complete law, covering the whole…
2Cases cited3 opinions
- Smails v. WhiteNebraska Supreme Court · 1876
- Von Baumbach v. BadeWisconsin Supreme Court · 1859
- Walter v. BaconMassachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- State ex rel. Farmers State Bank v. HeveloneNebraska Supreme Court · 1913
- Fielder v. StateCourt of Criminal Appeals of Texas · 1899
- State ex rel. Farmers Mutual Insurance v. MooreNebraska Supreme Court · 1896
- Ballou v. BlackNebraska Supreme Court · 1885
- State ex rel. Carey v. CornellNebraska Supreme Court · 1897
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