Nebraska Reports Volume 20

Nebraska Reports Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... v. Beers. 5th. Surprise which ordinary prudence could not have guarded against. 6th. Newly-discovered evidence. 7th. Irregularity of the jury, by which defendant in error was deprived of her full quota of peremptory chal lenges. Affidavits were filed in support of the fourth, fifth, sixth, and seventh grounds of the motion and to which counter affidavitsuwere presented. Those filed on behalf of defendant in error consisted of her own, her attorney, and five other persons. Those of plaintiff in error consisted of his own and six other persons. Many of these affidavits are quite lengthy, and cannot be given in full without extending this opinion to much greater length than would be profitable. It must suffice to give a very brief epitome of what might seem to be some of the leading facts presented therein. The afiidavit of J. E. Frick, Esq., one of the attorneys for defendant in error on the trial, is to the effect that he was. one of the attorneys for defendant in error in the preliminary proceedings before the county judge in the month of March, 1884, ending on the first day of April. That on or about the 31st day of March, -1884, he, as attorney for defendant in error, entered into a written stipulation with the attorneys for plaintiff in error whereby it was agreed that a certain sum of money was to be paid by plaintiff in error to defendant in error upon condition that, upon examination by a physician, it A should be found that defendant in error was pregnant, and that her child should be born alive and remain alive for one week; but in case the child should be born after the 15th day ofJnne, 1884, then nothing should be paid, and plaintiff in error should be discharged. By this stipulation it seems to have been conceded (at least so.
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Product details

  • Paperback
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236989600
  • 9781236989604