Colby v. Foxworthy
Nebraska Supreme Court
Appeal from the district court for Lancaster county: Edward P. Holmes, Judge. The following opinion on motion for rehearing was filed April 10, 1908. Rehearing denied:
1Opinion of the Court
Epperson, C.
This is an action for the foreclosure of a mortgage, and for the fourth time appears in this court. See 64 Neb. 216, 72 Neb. 378, 78 Neb. 288. A history of the case is given in the opinion by Mr. Commissioner Albert in 78 Neb. 288. Since then a new trial has been had, resulting in a judgment for defendant. Plaintiff again appeals.
It is contended by defendant that the rules announced in the opinion in 72 Neb. 378, supra, became the law of the case, and terminate the issues now involved in her favor. But the issues there involved and disposed of are no longer in the. case, and it…
2Cases cited9 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Hagan v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1890
- Roe v. Howard CountyNebraska Supreme Court · 1906
- Fudge v. MarquellIndiana Supreme Court · 1904
- Dorsey v. ConradNebraska Supreme Court · 1896
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3Cited by15 opinions
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- State ex rel. Nebraska State Bar Ass'n v. BachelorNebraska Supreme Court · 1941
- Musser v. MusserNebraska Supreme Court · 1912
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