Legal Opinion

Clarke v. Omaha & Southwestern Railroad

Nebraska Supreme Court

Decided January 15, 1877PublishedCited by 16 opinions

This was a motion for a rehearing of the cause argued at the January Term, A. D. 1876, and reported in 4 Neb., 458.

1Opinion of the CourtGantt, J.

This cause was brought into this court upon appeal, and a decree was rendered therein, at the last January term of this court.

The plaintiff now moves the court to “ abrogate and annul ” that decree, and grant a rehearing of the cause on the ground of alleged “ error and misconception by the court of the issues joined between the plaintiff and the defendant.”

“ 1. That the court, in its decision and opinion filed, manifestly considered, adjudicated upon, and treated this action as in fact an action to enforce the specific performance of the contract for the assignment of the rights, franchises,…

2Cases cited18 opinions

  1. Providence Bank v. BillingsSupreme Court of the United States · 1830
  2. McBlair v. GibbesSupreme Court of the United States · 1855
  3. Walter v. . BennettNew York Court of Appeals · 1857
  4. Wilkin v. WilkinNew York Court of Chancery · 1814
  5. Dunnock v. DunnockHigh Court of Chancery of Maryland · 1852

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

3Cited by16 opinions

  1. Kleckner v. TurkNebraska Supreme Court · 1895
  2. Leopold v. SilvermanMontana Supreme Court · 1888
  3. Reynolds v. DietzNebraska Supreme Court · 1894
  4. Hensley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Nebraska Supreme Court · 1929
  5. Bauer v. WoodNebraska Supreme Court · 1943

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

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