Legal Opinion

Singer Manufacturing Co. v. Fleming

Nebraska Supreme Court

Decided March 6, 1894No. 5662PublishedCited by 9 opinions

Error from the district court of Douglas county. Tried below before Doane, J. The opinion contains a statement of the facts. The law upon which the judgment is based is unconstitutional because the act is broader than its title. The penalties provided in section 4 of the act' are clearly beyond the scope of, and not indicated by the scope of, the title of the act.

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Error from the district court of Douglas county. Tried below before Doane, J. The opinion contains a statement of the facts. The law upon which the judgment is based is unconstitutional because the act is broader than its title. The penalties provided in section 4 of the act' are clearly beyond the scope of, and not indicated by the scope of, the title of the act. (Sec. 11, art. 3, Constitution; White v. City of Lincoln, 5 Neb., 505; Ex parte Thomason, 16 Neb., 238; Messenger v. State, 25 Neb., 674; Touzalin v. City of Omaha, 25 Neb., 817.) The law is unconstitutional also because it imposes…

1Opinion of the Court

Irvine, C.

The plaintiff in error is a corporation organized under the laws of the state of New Jersey. It has a place of doing business, styled a “general agency,” at Denver, Colorado. *682It has also agencies in Iowa and Nebraska, and does business in both of these states. The agents there report to the general agent at Denver. The defendant in error is a resident of Nebraska, the head of a family, and an employe of the Union Pacific Railway Company, whose lines extend into both Iowa and Nebraska. Fleming bought from the Singer Company a sewing machine ujJon credit. The agent of the Singer…

2Cases cited15 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Trumble v. TrumbleNebraska Supreme Court · 1893
  3. State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
  4. State ex rel. Miller v. Board of CommissionersNebraska Supreme Court · 1885
  5. Atchison & Nebraska R. R. v. BatyNebraska Supreme Court · 1877

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3Cited by9 opinions

  1. State ex rel. Wheeler v. StuhtNebraska Supreme Court · 1897
  2. St. Louis S. F. R. Co. v. CrewsSupreme Court of Oklahoma · 1915
  3. Bishop v. MiddletonNebraska Supreme Court · 1894
  4. Dodge County v. BurnsNebraska Supreme Court · 1911
  5. Davis v. Cleveland, C., C. & St. L. R.U.S. Circuit Court for the District of Northern Iowa · 1906

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