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Administration Of Estate—Sufficiency Of Assets To Support Ancillary Administration, Ronald Sluyter

Nebraska Law Review

The deceased, a resident of Illinois, was killed in an automobile accident while driving in Cherry County, Nebraska. The family in the other car involved were residents of California; all were injured. The deceased’s insurer was an Illinois corporation doing business in Nebraska with offices in Lancaster County. The deceased’s estate was administered in his domicile, Cook County, Illinois. Subsequently the injured party made application for appointment of an administrator in Lancaster County, Nebraska. An administrator was appointed, but later dismissed on the objections of the deceased’s heir and the insurance company.

The court was confronted with the question of …

Procedure In Federal Courts—Assessment Of Penalty For Appeal Taken Only For Delay, Sam Jensen

Nebraska Law Review

In an appeal from a federal district court verdict and judgment in a wrongful death action, appellees requested that damages be assessed against the appellant because the appeal to the court of appeals was sued out merely for delay. The appellees’ request was made under a rule of court which is common to all 11 circuit courts of appeals and is found in the rules of the United States Supreme Court and many state appellate court rules.

The Federal Judiciary Act of 17896 contained a provision penalizing appeals taken only for purposes of delay, and the uniform rules for circuit …

Fraud—Recovery Of The Defrauding Buyer’S Profits On Resale, Duane Hubbard

Nebraska Law Review

Fraudulently purporting to act on behalf of a non-profit hospital entitled to purchase medical supplies under a federal subsidy program for less than their market value, defendant bought medical supplies for $2,000 and immediately resold them for $34,000. The government sought damages under a federal statute entitling it to a flat penalty of $2,000 plus an additional penalty of twice the amount “of any damage which the United States may have sustained by reason” of defendant’s fraud. Held: The “damage . . . sustained” was the difference between the $2,000 paid by defendant and the $34,000 resale price. The court …

Creditors’ Rights—Effect Of Judgment Lien On A Joint Tenancy Later Severed, Levi H. Goossen

Nebraska Law Review

In Hein v. W. T. Rawleigh Co. a husband and wife acquired real property in joint tenancy with the wife furnishing all the consideration. However, prior to this acquisition there had been a judgment entered against the husband in another action. The husband conveyed his rights to his wife who later died. Held: The wife’s devisee was entitled to have title to the property quieted subject to the judgment creditor’s lien on an undivided half. This decision presents the alternative questions: (1) whether a judgment lien on one joint tenant’s rights continues undisturbed after a severance caused by release of …

Multi-Party Litigation—Venue Statutes And Their Application, Charles Kimball

Nebraska Law Review

An injured seaman sued his employer in the United States District Court for the Southern District of New York to recover damages for injuries suffered on board his employer’s vessel. The court granted the employer’s motion to implead the United States as a third party defendant. The employer claimed indemnity for any damages the seaman recovered for injuries aggravated by treatment in a United States hospital. The seaman then moved to amend his complaint to allege an action directly against the United States under the Federal Tort Claims Act. The United States objected that venue in the Southern District was …

Table Of Contents, Vol. 40, No. 3

Nebraska Law Review

No abstract provided.

Table Of Contents, Vol. 39, No. 3

Nebraska Law Review

No abstract provided.

The Impact Of Federal Subsidies On State Functions, Thomas A. Gilliam

Nebraska Law Review

I. Historical Impact … A. Corwinian Viewpoint … B. First Modern Conditional Grant

II. Theoretical Impact or Cooperative Federalism … A. New Federal-State Cooperation … B. Mass of Facilitating Legislation

III. Actual Impact … A. Federal Aid Survey … B. Impact Studies

IV. Conclusion

Considerations When Incorporating The Family Farm, Richard E. Petrie

Nebraska Law Review

I. Introduction

II. Advantages of Incorporating … A. Limited Liability … 1. Contractual … 2. Tort: Insurance … 3. Limited Liability Denied … a. Misuse of Corporate Entity … b. Under Capitalization … B. Advantages of Debt Financing … C. Flexible Transfer of Property … 1. Inter Vivos Transfers … 2. Estate Planning … D. Improved Credit … E. Fringe Benefits … F. Social Security … G. Workmen’s Compensation

III. Initial Fees

IV. Problems Concerning Control of the Farm Operation … A. Minority Representation on the Board of Directors … B. Other Control Devices of a Minority Stockholder … C. …

Federal Court Interpretations Of The Real Party In Interest Rule In Cases Of Subrogation, Theodore L. Kessner

Nebraska Law Review

I. Introduction

II. Complete Payment by the Insurer

III. Partial Payment by the Insurer

IV. Payment in the Form of Loan

V. Workmen’s Compensation Payments

VI. Conclusion

A Consideration Of The Nebraska Corporation Law In The Light Of The American Bar Association’S Model Business Corporation Act, Vincent D. Brown

Nebraska Law Review

This article is presented as a general, rather than a technical, survey of the relationship between the Model Corporation Act and the present Nebraska Corporation Laws. The purpose is to give a brief comprehensive glance so that Nebraska attorneys will be able to more easily decide what their position will be on the proposed revamping of the present Nebraska Corporation Statutes.

I. Introduction

II. Definitions

III. Substantive Provisions

IV. Formation of Corporations

V. Amendment

VI. Merger and Consolidation

VII. Sale of Assets

VIII. Dissolution

IX. Foreign Corporations

X. Annual Reports

XI. Fees, Franchise Taxes, and Charges

XII. Penalties

XIII. Miscellaneous …

Forfeiture Of A Gravel Mining Lease In Nebraska For Breach Of An Implied Obligation To Work With Reasonable Diligence, Don H. Sherwood

Nebraska Law Review

I. Introduction

II. The Mineral Lease

III. Losing the Mineral Lease … 1. Abandonment … 2. Special limitation … 3. Conditions … 4. Covenant … 5. Covenant coupled with a condition

IV. Forfeiture for Breach of an Implied Obligation to Develop or Work a Mineral Lease

V. Losing a Mineral Lease in Nebraska … A. Cases … B. Statutes … C. Application

VI. Forfeiture of Gravel Leases in Nebraska

VIII. The Alternative Decree

IX. Observations on Gravel Leases in Nebraska

X. Gravel Mining in Nebraska

XI. Conclusion

The Supreme Court, The Depression, And The New Deal: 1930–1941, J. Lee Rankin

Nebraska Law Review

In the third of three articles, the solicitor general of the United States, J. Lee Rankin, details the short but fascinating history of the Supreme Court during the New Deal era.

I. Introduction

II. The Nature of the Judicial Process

III. The Situation Prior to the New Deal—1930–1932

IV. Members of the Court at the Beginning of the New Deal

V. The Old Court and the New Deal

VI. Civil Liberties Legislation

Silence And Perjury Before Police Officers: An Examination Of The Criminal Law Risks, Dale W. Broeder

Nebraska Law Review

The purpose of this article is to review and to synthesize those areas of the law bearing on the nature and extent of the citizen's modern-day responsibilities to inform on the criminal activities of others and to discuss the criminal law risks involved in lying to police officers during the course of their investigations of crime. Policy considerations, of course, are also advanced. These subjects, it is realized, constitute only a portion, and that a comparatively small one, of the broad area of the extent of the citizen's duty to cooperate with police officers, but, it is hoped, a sufficiently …

New Rules Of Practice And Procedure Before The Nebraska Railway Commission, Samuel Van Pelt

Nebraska Law Review

During the past twelve years, several articles in this Review have discussed practice and procedure before the Nebraska State Railway Commission by surveying the procedural framework and organization of the Commission, by analyzing the Rules of Practice and Procedure adopted in 1950, and by presenting and solving some of the specific problems facing an attorney in preparing and presenting his case before the Commission. Since this topic was last presented, however, significant statutory additions, revisions of the Commission's rules of practice, and Supreme Court opinions have altered procedure before the Commission. The 1959 Session of the Legislature passed L.B. 362, …

Liability Of Surviving Joint Tenant For Debts Of Deceased Joint Owner, Charles F. Noren

Nebraska Law Review

Problems arising under decedents' estates, joint tenancy, and creditor's rights were greatly increased by the 1955 enactment of Section 30-624 of the Nebraska Revised Statutes. This statute is peculiar to Nebraska, and for this reason judicial determinations from other states are of very little value in solving the problems arising under this act. The purpose of this article is to review these problems in the light of Nebraska law and court decisions as an aid to their solution.

I. Introduction

II. Legislative History

III. Jurisdiction and Constitutionality

IV. Effect on Joint Tenancy … A. Effect on the Land … B. …

Duty To Advise Indigent Of Right To Counsel At State Expense, Richard E. Gee

Nebraska Law Review

Petitioner, hereinafter referred to as defendant, brought a writ of error coram nobis in the Nebraska District Court to set aside his robbery conviction, based on his guilty plea, on the ground that he did not intelligently waive his right to counsel at his arraignment. Defendant alleged a denial of due process under the Fourteenth Amendment and of his constitutional and statutory right to counsel under the law of Nebraska. Proof showed that the trial court advised defendant that he was "entitled to be represented by counsel," and that defendant misunderstood this to mean he could have a lawyer only …

Constitutional Law—Invalidating Statutes On Hypothetical Facts, Richard E. Gee

Nebraska Law Review

A parking lot attendant drove a customer to her place of business, and, while returning the automobile to the parking lot, negligently struck the plaintiff, a pedestrian, who successfully recovered against the customer under the following Georgia statute: “Every owner of a motor vehicle . . . shall be liable . . . for injuries . . . resulting from negligence in the operation of such motor vehicle if . . . used in the prosecution of the business (or) for the benefit of such owner.” On appeal, Held: the statute violates due process because it might impose liability upon …

Pleading—Effect Of Suit For Injunction On Subsequent Suit For Damages, Samuel Van Pelt

Nebraska Law Review

On May 7, 1952, Ernest and Mabel Bahm, Theodore Sohl, and Willy and Alvina Wischmann obtained a decree enjoining Ralph Raikes from diverting the flow of certain creeks onto plaintiffs’ lands. This judgment was affirmed by the Nebraska Supreme Court. On June 10, 1954, the Wischmanns brought an action against Raikes to recover monetary relief for damages done to their property by defendant’s diversion of water. The case was tried before a jury and a verdict was returned in favor of plaintiffs for $10,000. This verdict was reversed and remanded on the ground that the evidence did not sustain plaintiffs’ …

Creditors’ Rights—Liability Of Surety For Lost Rental Equipment, Charles F. Noren

Nebraska Law Review

The National Surety Corporation was surety for a prime contractor which had contracted to build certain works in the Bahama Islands for the United States Government. The contractor had obtained equipment from the appellant on a rental basis with a further stipulation in the rental contract that the contractor would assume all responsibility for loss of the equipment. The equipment was sent by ship to the construction site and while in route was lost at sea without fault of either party and without salvage. The appellants brought suit against the surety under the Miller Act to collect the value of …

Waiver Of Right To Appeal, Duane L. Mehrens

Nebraska Law Review

I. Introduction

II. Basic Rule

III. Considerations of Problem by Other Jurisdictions … A. Statutory Regulation … B. Exceptions to Basic Rule by Court Decision … 1. Right of Acceptance Conceded in Opponent’s Petition … 2. Right Admitted during Proceedings … 3. Acceptance Only of Minimum Due … 4. Review Legally Confined to Additional Amount … 5. Acceptance of Prior Right Left Open by Adjudication … 6. Acceptance by Person without Authority … 7. Acceptance in Trust or as Deposit … 8. Expressed Lack of Intention to Waive … 9. Reservation of Rights … 10. Acceptance under Compulsion

IV. Present …

Table Of Contents, Vol. 40, No. 2

Nebraska Law Review

No abstract provided.

Effects Of Moisture On The Clover Root Borer And Red Clover Yields, K. P. Pruess, C. R. Weaver

Department of Entomology: Faculty Publications

Rainfall and populations of the clover root borer, Hylastinus obscurus (Marsham), were artificially controlled in pots of red clover grown under shelters in the field. Populations of clover root borer were higher under dry conditions. Although yield losses were high in borer-infested pots, yield reductions were no greater under dry than under wet conditions.

Special Text, St 10-120-1, Quartermaster Intelligence: Organization And Procedures, December 1959, Robert Bolin , Depositor

United States Department of Defense Military Intelligence

This is a textbook used at the Army Quartermaster School. In the 1950s, military schools related to one of the Army Technical Services were run by that service. Since the format and content of Army field manuals were often very similar to those of special texts, the same staffs often prepared both

The modern US Army vision of the technical intelligence developed during World War II. Shortly before World War II, Army Technical Services had been instructed to set up intelligence sections in the offices of their chiefs. The technical services were bureaus which supplied weapons, equipment, and services to …

Engineer Intelligence Guide 31, Production Of Cross-Country Movement Studies, December 1959, Military Geology Branch, Us Geographical Survey And The Soil Conservation Service, Us Department Of Agriculture, Robert Bolin , Depositor

United States Department of Defense Military Intelligence

In 1958, the Army Corps of Engineers was responsible for the intelligence related to the surface of the earth, excluding the oceans and seas. Those responsibilities were discharged by subordinate organizations and contractors under the directions of the Intelligence and Mapping division. Engineer Intelligence Guides (EIGS) were prepared “to provide orientation, direction, and instruction in the field of Engineer intelligence.”

This guide was prepared to give instructions for preparing specialized maps containing information showing impediments to cross-country movement. Appendix I, an example of a CCM map, was created by adding an overlay on a sheet from the US Army Map …

Nebraska Bird Review (October 1959) 27(4), Whole Issue.

Nebraska Bird Review

Table of Contents

Thirty-Fifth Annual Cooperative Spring Migration and Occurrence Report ............................................................................ 50

Fall Records .............................................................................................. 67

Birding in Kearney "On The Run" .................................................... 69

General Notes ............................................................................................ 73

Index to Volume XXVII........................................................................ 74

The Bollingen Controversy Ten Years After: Criticism And Content, Paul A. Olson

Department of English: Faculty Publications

Ten years after the Bollingen controversy we have a book collecting major documents from that fight. From the perspective of ten years, one sees the affair more in the light of common day, but the issues still do not bore. The book (William Van O'Connor and Edward Stone, A Casebook on Ezra Pound) is said to be designed to make college freshmen write term papers on Pound. Consequently, the major correspondents in the 1948-49 quarrel are almost all represented: Barrett, Auden, Orwell, Shapiro, Viereck, Robert Gorham Davis, Tate; bits and pieces of evidence concerned with Pound's early career, his …

Studies On The Helminth Fauna Of Alaska. Xxxvi. Parasites Of The Wolverine, Gulo Gulo L., With Observations On The Biology Of Taenia Twitchelli Schwartz, 1924, Robert L. Rausch

Harold W. Manter Laboratory of Parasitology: Faculty Publications

Natural biotic relationships already had been severely disrupted in the United States by the time significant interest had developed in faunistic helminthology. Some mammalian species, particularly the larger carnivores, had been extirpated or were represented only by scattered individuals in the few remaining wilderness areas. Thus, it is not remarkable that the helminths of such species as the wolverine, Gulo gulo Linnaeus, have been little studied. Fortunately, however, much of arctic and subarctic North America has endured in its primitive state, and here it is still possible to undertake basic biological studies under undisturbed conditions.

Two Proposed Experiments For The Detection Of The Dirac Monopole, Robert Katz, Darrell R. Parnell

Robert Katz Publications

A magnetic monopole may be detected by its deflection in an electric field or by the character of the ionization it produces. The electric deflection experiment may be performed in a helium bubble chamber where helical (or spiral) tracks whose axes are parallel to the D-lines would be certain evidence for the discovery of the monopole. Previous studies of the ionization have emphasized that the Bragg tail would be missing from a monopole track, as compared to a charged particle. This conclusion must be modified because of the thin-down of tracks of heavy nuclei. The tracks of heavy nuclei …

A New Grain Hardness Tester, Robert Katz, A. B. Cardwell, N. D. Collins, A. D. Hostetter

Robert Katz Publications

A hardness tester, especially adapted for grain, was constructed by modifying a commercial portable soft metal tester known as the Barcol Impressor. A preloaded stylus is forced into grain sections prepared by means of a microtome. The displacement of the stylus, measured by a dial micrometer, is used as a hardness index. This has been related to the Vickers diamond pyramid hardness which is a standard metallurgical test. A number of hardness measurements may be made on a single transverse kernel section. The tester may be used for all wheat varieties. Significant variations in hardness within a single wheat kernel …