Legal Opinion

Smails v. White

Nebraska Supreme Court

Decided January 15, 1876PublishedCited by 36 opinions

This was a petition in error from a final order of the district court of Lancaster county, dismissing an appeal taken by the defendants from a judgment of the probate court in a civil action therein determined, in May, 1875. in contending that the appeal act of 1875 was unconstitutional, cited The People v. McCollum, 1 Web., 199. Cooley Const.

Read the full summary

This was a petition in error from a final order of the district court of Lancaster county, dismissing an appeal taken by the defendants from a judgment of the probate court in a civil action therein determined, in May, 1875. in contending that the appeal act of 1875 was unconstitutional, cited The People v. McCollum, 1 Web., 199. Cooley Const. Lim., 151. State v. Silver, 9 Nevada, 227. Winona v. Waldron, 11 Minn., 515. People v. Mahoney, 13 Mich., 497. Draper v. Falley, 33 Lnd., 470. The Mayor v. Trigg, 46 Mo., 288. City of Portland v. Stock, 2 Oregon, 69. cited Bird v. The County of Wasco, 3…

1Opinion of the Court

Lake, Ch. J.

This case calls for a construction of the act of the legislature “regulating the taking of appeals from the judgments of probate judges and justices of the peace,” approved, February 24th, 1875. It is contended, on the part of the plaintiff in error, that it violates the provision of the constitution, then in force, which declares that “no bill shall contain more than one subject, which shall be clearly expressed in the title; and no law shall be revived or amended, unless the new act contain the entire act revived, and the sections amended; and the section or sections so amended…

2Cases cited1 opinion

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865

3Cited by36 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
  3. Evans Products Co. v. State Board of EscheatsMichigan Supreme Court · 1943
  4. State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
  5. Trumble v. TrumbleNebraska Supreme Court · 1893

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API