Trumble v. Trumble
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Strode, J. When an act is valid in part and invalid in part, and it appears that the invalid part was the inducement for the enactment of the valid part, the whole enactment must be treated as void.
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Error from the district court of Lancaster county. Tried below before Strode, J. When an act is valid in part and invalid in part, and it appears that the invalid part was the inducement for the enactment of the valid part, the whole enactment must be treated as void. (Cooley, Constitutional Limitations, 147; State v. Lancaster County, 6 Neb., 485; Ex parte Thomason, 16 Id., 238; State v. Lancaster County, 17 Id., 85.) The act contains more than one subject, and is invalid under the constitutional provision that no bill shall contain more than one subject. (Constitution Nebraska, art. 3, sec.…
1Opinion of the Court
Irvine, C.
Martha Trumble filed her petition in the county court of Lancaster county setting forth that she was the widow of *342William Trumble, deceased, and that the other parties to this action were his children and grandchildren; that he died seized of certain real estate, one tract whereof was a homestead; that he left a will to the terms of which she never at any time consented, and praying that there might ■be set off to her one-third of all said real estate, and her homestead interest in the particular tract referred to. Upon the hearing of the case a decree was rendered in accordance…
2Cases cited8 opinions
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- Miller v. HurfordNebraska Supreme Court · 1881
- White v. City of LincolnNebraska Supreme Court · 1877
- Smails v. WhiteNebraska Supreme Court · 1876
- State ex rel. Miller v. Board of CommissionersNebraska Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Van Horn v. State ex rel. AbbottNebraska Supreme Court · 1895
- State v. First National Bank of AnchorageAlaska Supreme Court · 1982
- State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
- State ex rel. Baughn v. UreNebraska Supreme Court · 1912
- Low v. Rees Printing Co.Nebraska Supreme Court · 1894
42 more not listed; retrieve them via the Exa API.