Solt v. Anderson
Nebraska Supreme Court
Appeal from the district court for Hamilton county. Heard below before Sedgwick, J. Rehearing of case reported in 62 Nebr., 153. Judgment below reversed.
1Opinion of the Court
Hastings, G.
Rehearing of case which appears in 62 Nebr., 153. A rehearing was asked as to two questions: First, whether plaintiff is bound by the allegation in her reply that the premises in question were the family homestead, when the contract sought to be specifically enforced was made, and is to be treated as if it appeared among the allegations of her petition in determining whether or not the relief allowed by the trial court is secundum allegata et probata; and, second, whether or not, granting that plaintiff was entitled to the decree, the amount is excessive.
With regard to the first…
2Cited by7 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Fidelity Finance Co. v. WestfallNebraska Supreme Court · 1934
- Solt v. AndersonNebraska Supreme Court · 1904
- Hair v. DavenportNebraska Supreme Court · 1905
- Tulin v. JohnstonSupreme Court of Virginia · 1929
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