Nebraska Reports Volume 91

Nebraska Reports Volume 91

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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. 1912 edition. Excerpt: ... the plainti1f's signature was treated as a nullity, would support his action." The authorities cited upon the question of ratification or subsequent adoption of an unauthorized execution of a deed, and as to the proof required to establish a lost deed, are not in point. Ve think further discussion is unnecessary. To the extent of substituting the word "execute" for the word "sign," as above indicated, our former opinion is modified, but in all other respects it is adhered to, and the motion 1. Malicious Prosecution: PETITION: SUFFICIENCY on Aerr.AL. If the allegations of a petition charge both a malicious prosecution and a false imprisonment in one count or cause of action, and there is no objection on that ground until after trial and judgment, such objection will not be considered upon appeal. JUSTIFICATION. If one makes use of a criminal statute to bring about the unlawful arrest and imprisonment of another, without probable cause for so doing, he cannot justify such arrest and imprisonment on the ground that the statute is unconstitutional or is so defective that there could be no conviction under it. 3. Embezzlement: SUFFICIENCY or COMPLAINT. In a prosecution under chapter 170, laws 1907, it is not material when the relation of landlord and tenant began, or will terminate. It is sufficient in that regard if the defendant was the tenant, and as such tenant was in possession of the property when embezzled by him. 4. Appeal: ASSIG1'.iE.-'T or Ennons: Rsvmw. Alleged errors not specifically assigned in the motion for new trial will not ordinarily be considered in this court, especially in civil cases. SUI-"r1en;.'cY 01-' Ev1m=: x('E: BRIEFS. When it is contended that there is more

Product details

  • Paperback | 308 pages
  • 189 x 246 x 17mm | 553g
  • United States
  • English
  • black & white illustrations
  • 1236847555
  • 9781236847553