Reports of Cases in the Supreme Court of Nebraska (Volume 52) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... demons v. Heelan. graphs, numbered consecutively from 1 to 11, both inelusive. The entire eleven were grouped in a single assignment in the interveners' motion for a new trial, while they were interested alone in the giving of instruction No. 2, since the other ten submitted the issues involved between the plaintiff and defendant. The assignment not being well taken as to each instruction, must be overruled as to all, and instruction No. 2 cannot be reviewed. (JEtna Ins. Co. v. Simmons, 49 Neb., 811; Demise v. City of Omaha, 49 Neb., 750.) The assignment that the court erred in denying the motion for a new trial is too general to be available, since such motion was based upon seven distinct grounds. (Glaze v. Parcel, 40 Neb., 732; Conger v. Dodd, 45 Neb., 39; Pearce v. McKay, 45 Neb., 296; Moore v. H ubbard, 45 Neb., 612.) The assignments in the petition in error of Gustave Pegau were neither argued at the bar nor in the briefs, hence are waived. Gaines v. Bonnell, 45 Neb., 260; Johnson v. Gulick, 46 Neb., 817; Wood v. Gerhold, 47 Neb., 397.) The judgment is accordingly Affirmed. Harrison, J., not sitting. Mary Clemons, Appellant, V. Michael Heelan, At Pellee, Impleaded With Bridget Hanlon, AppelLant, ET AL. Fixed September 22,1897. No. 7425. 1. Dower: Procedure. Where the right of dower of a widow Is not disputed, it may be assigned by the county court, under the provisions of sections 8-11, chapter 23, Compiled Statutes. If such a right Is disputed, it may be established by a decree of the district court. 2. Foreign Laws: Evidence: Divorce. Proof of the law of Colorado, in evidence, relating to the jurisdiction of county courts of that demons v. Heelan. Btate to decree divorces, examined, and held not to satisfactorily establish such jurisdiction. 3. Ju...