Webster v. City of Hastings
Nebraska Supreme Court
Error from the district court of Kearney county. Tried below before Beall, J. The legislature has no power to change the scope or effect of prior legislation by amending the title of an act passed by a former legislative assembly.
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Error from the district court of Kearney county. Tried below before Beall, J. The legislature has no power to change the scope or effect of prior legislation by amending the title of an act passed by a former legislative assembly. See People v. MeOallum, 1 Nebr., 182; State v. Steioarl, 52 Nebr., 243; Ballou v. Blade, 17 Nebr., 391. No act with the title “An act to amend the title and sections one (1), two (2), three (3), and four (4) [of chapter sixteen (16)] of an act entitled ‘An act to provide for organization, government, and powers- of cities of the second class having over ten [or two]…
1Opinion of the CourtSullivan, J.
This case, after having experienced more than the ordinary vicissitudes of litigation, has now practically reached the end of its changeful career. At the last trial in the district court the jury found that Foxworthy had been injured through the culpable omission of the city of Hastings to keep its streets free from obstructions and fit for use. There was a general verdict fixing the amount of plaintiff’s recovery at the sum of $4,734.16, and a special finding to the effect that there was no legal excuse for Foxworthy’s failure to file his claim for damages with the city clerk within six…
2Cases cited11 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Spangler v. JacobyIllinois Supreme Court · 1853
- Osburn v. StaleyWest Virginia Supreme Court · 1871
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
- Adams & Wickes v. San Angelo Water Works Co.Texas Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Herrera v. ValentineCourt of Appeals for the Eighth Circuit · 1981
- Capito v. ToppingWest Virginia Supreme Court · 1909
- Wilfong v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1935
- Clapp v. Otoe CountyCourt of Appeals for the Eighth Circuit · 1900
- Moeller, McPherrin & Judd v. SmithNebraska Supreme Court · 1934
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