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Block And Bridle Annual, 1959 Jan 1959

Block And Bridle Annual, 1959

Block and Bridle Annual (1933–2021)

Contents:

Dedication
James S. Kreycik
Byron P. Demorest
Animal Husbandry Hall
PART I. THE CLUB
Picture of Club Members
Block and Bridle Advisor
Picture of Club Officers and Advisor
Animal Husbandry Faculty
Sample Minutes
Financial Statement
PART II. AWARDS
Merit Trophy Winner
Outstanding Club Members
PART III. CLUB ACTIVITIES
Calendar of Events
Initiations
Feed and Nutrition Conference
Rooters Day
Homecoming Float
Student-Faculty Party
Christmas Ham Sale
Purebred Bred Ewe Sale
Pie Social and Barn Dance
Intracollegiate Judging Contest
Feeders Day
Honors Banquet
Science in Agricultural Day
Showmanship Contest
Quarterhorse Show
Election of Officers
PART IV. JUDGING TEAMS
Senior Livestock Judging …


Whole Issue Nebraska Bird Review (January 1959) 27(1) Jan 1959

Whole Issue Nebraska Bird Review (January 1959) 27(1)

Nebraska Bird Review

TABLE OF CONTENTS

Population Dynamics of Diurnal Birds of Prey in the Panhandle of Nebraska ...................2

Notes on Summer Birds of Western Nebraska ...................6


Title Page And Table Of Contents, Vol. 38, No. 1 Jan 1959

Title Page And Table Of Contents, Vol. 38, No. 1

Nebraska Law Review

No abstract provided.


The Lawyer Meets The Appraiser-Witness, John C. Burke Jan 1959

The Lawyer Meets The Appraiser-Witness, John C. Burke

Nebraska Law Review

I. Introduction

II. Conference with Appraiser

III. Formula for Damages

IV. Hearsay

V. Comparable Sales

VI. Adaptable Uses

VII. Elements of Damage

VIII. Conclusion


Land Condemnation—Federal Income Tax Consequences, Keith Miller Jan 1959

Land Condemnation—Federal Income Tax Consequences, Keith Miller

Nebraska Law Review

I. Introduction and Scope

II. Gain or Loss … A. Elements of Net Proceeds … B. Gain or Loss Realized … C. Recognition of Losses … D. Recognition of Gains

III. Evidence of Severance Damages

IV. Non-recognition of Gain … A. Extent of Non-recognition … B. Time Factors … C. Acquisition of Replacement Property … D. Nature of Replacement Property … E. Replacement through Corporate Control … F. Basis and Holding Period of Replacement Property

V. Particular Problems … A. Condemnation of Residence … B. Method of Electing Non-recognition of Gain … C. Effect on Statute of Limitations … D. …


Control Of Outdoor Advertising: State Implementation Of Federal Law And Standards, Leroy Powers Jan 1959

Control Of Outdoor Advertising: State Implementation Of Federal Law And Standards, Leroy Powers

Nebraska Law Review

I. Introduction

II. Police Power

III. Eminent Domain

IV. Possible State Legislation

V. Conclusion


Constitutionality Of State Payment To Relocate Utilities, Roger A. Langenheim Jan 1959

Constitutionality Of State Payment To Relocate Utilities, Roger A. Langenheim

Nebraska Law Review

I. Introduction

II. Background

III. Relocation as a Necessary Highway Cost

IV. Public Purpose Arguments … A. Public Purpose in Nebraska

V. Costs of Relocation

VI. Other Constitutional Considerations

VII. Conclusion


Torts—Automobile Accident As A Transaction Within The Meaning Of The Dead Man Statute, John F. Haessler Jan 1959

Torts—Automobile Accident As A Transaction Within The Meaning Of The Dead Man Statute, John F. Haessler

Nebraska Law Review

The subject case, Fincham v. Mueller (166 Neb. 376, 89 N.W.2d 137 [1958]), involves an action for personal injuries resulting from a two-car collision at a country road intersection in which Mueller, driver of one of the cars, was killed. The driver of the other car, Fincham Sr., brought the action against the decedent’s estate as father and next friend of his eight-year-old son, Fincham Jr., who was riding with him as his guest. There were no eyewitnesses to the accident. At the trial, Fincham Sr. was allowed to testify as to his own vehicle and his operation thereof but …


Table Of Contents, Vol. 38, No. 3 Jan 1959

Table Of Contents, Vol. 38, No. 3

Nebraska Law Review

No abstract provided.


What The General Lawyer Should Know About The Patent Lawyer’S Specialty, Harold B. Hood, Charles D. Emhardt Jan 1959

What The General Lawyer Should Know About The Patent Lawyer’S Specialty, Harold B. Hood, Charles D. Emhardt

Nebraska Law Review

I. Introduction … A. What Is a Patent? … B. Territorial Scope … C. Constitutional and Legislative Foundation

II. Application for a Patent … A. What Subject Matter Is Patentable? … B. Who May Apply for a Patent? … C. Patent Office Procedure … D. Priority … E. Patent Ownership … F. Patent Marking … G. What Rights May a Patent Owner Exercise?

III. Infringement … A. Written Record and Physical Evidence as “Insurance” Policies … B. Outside Submissions … C. Patents and Applications as Defensive Material … D. Reissue of Patent

IV. Other Protection for Industrial Property … A. …


The Reasons Behind The Rules In The Law Of Business Torts, Charles M. Weber Jan 1959

The Reasons Behind The Rules In The Law Of Business Torts, Charles M. Weber

Nebraska Law Review

I. Introduction

II. The Goals of the Law and How They Are Pursued … A. Social Control … B. The Aims of Social Control … C. Achieving These Goals

III. Law-Making in the Area of Business Torts … A. Free Enterprise—A Basic Assumption … B. The Right to Pursue a Profit

IV. Balancing Interests in Typical Business Tort Cases

V. Reflections of the Process of Balancing Interests … A. Privilege … B. Abuse of Privilege

VI. Trademark and Trade Name Cases … A. Terminology Used … B. Principal Interests in Trademark and Trade Name Cases

VII. The Trade Secret Cases …


Editor’S Note: Special Feature On Damages Jan 1959

Editor’S Note: Special Feature On Damages

Nebraska Law Review

On September 19 and 20, 1958, the College of Law, in cooperation with the Junior Bar Section of the Nebraska State Bar Association, presented the second annual “Institute” for members of the Bar. The subject at the 1958 Institute was “Damages for Personal Injuries,” and various aspects of the subject were discussed by seven different speakers. On the following pages, the Nebraska Law Review is pleased to present three of these presentations.

In presenting these articles, the purpose of the Review is two-fold: First, to create a greater interest among the members of the Bar in the Institute program; second, …


Corpus Delicti Proof Requirements In Nebraska Aliunde Defendant’S Confession, Richard A. Huebner Jan 1959

Corpus Delicti Proof Requirements In Nebraska Aliunde Defendant’S Confession, Richard A. Huebner

Nebraska Law Review

Proof of crime may be divided into three parts: (1) a specific kind of injury or loss, the burned dwelling house in arson, for example, or the body in homicide; (2) the criminal agency of another as the means; and (3) the identity of the defendant as the perpetrator. Only the first two elements, however, constitute the corpus delicti, and it is only the corpus delicti which need be established by “some evidence” in addition to defendant’s extra-judicial confession or admission. No jurisdiction requires proof in addition to defendant’s extra-judicial confession or admission that defendant was the perpetrator.

The central …


Fugate V. Ronin—Criminal Law Jurisdiction Of Juvenile Courts In Cases Of Juvenile Murder, Robert L. Walker Jan 1959

Fugate V. Ronin—Criminal Law Jurisdiction Of Juvenile Courts In Cases Of Juvenile Murder, Robert L. Walker

Nebraska Law Review

Petitioner, a fourteen-year-old girl, was charged with murder in the first degree in the county court of Lancaster County. The county court entered an order that there be a preliminary hearing and the petitioner be held without bail. The youth moved for a transfer of the proceedings against her to the juvenile court on the ground that section 43-2111 imposed a mandatory duty upon a magistrate to transfer the case of a delinquent child under sixteen years of age to the juvenile court. This motion was overruled by the county judge of Lancaster County. The petitioner filed in the district …


Attaching Creditor’S Right To Assert Debtors Defense Of Usury In Action By Usurious Party, Donald E. Leonard Jan 1959

Attaching Creditor’S Right To Assert Debtors Defense Of Usury In Action By Usurious Party, Donald E. Leonard

Nebraska Law Review

The buyer of a house trailer gave a chattel mortgage as part of the purchase price and received title. The sheriff attached the trailer pursuant to an order of attachment obtained by two creditors of the buyer. The holder of the chattel mortgage, who was the original seller, brought an action to replevin the trailer. The defense of usury was raised. Held for plaintiff. An attaching creditor does not stand in privity with the debtor and therefore cannot raise the debtor’s defense of usury. The general rule is that the plea of usury as a defense is personal to the …


The Evidentiary Value Of Defendant’S Safety Rules In A Negligence Action, John M. Winters Jan 1959

The Evidentiary Value Of Defendant’S Safety Rules In A Negligence Action, John M. Winters

Nebraska Law Review

I. Introduction

II. Special Purposes for Admission … A. To Prove Knowledge of Danger … B. To Show Feasibility of Safeguards … C. By Plaintiff to Show Absence of Contributory Negligence … D. By Defendant to Show Plaintiff’s Contributory Negligence … E. Duty to Make Rules and Enforce Them

III. Relation of the Rules to the Standard of Care in Negligence Actions … A. In General … B. As Admissions or Declarations against Interest … C. As a Circumstance under Which the Employee Acts … D. Comparison with Statutes, Ordinances, and Administrative Regulations … 1. A City’s Violation of Its …


Res Judicata In The Divorce Courts As Affects The Modification Of Alimony Awards, Doris M. Yendes Jan 1959

Res Judicata In The Divorce Courts As Affects The Modification Of Alimony Awards, Doris M. Yendes

Nebraska Law Review

I. Divorce and Alimony … A. Considerations When Awarding Alimony … 1. Ability of Husband to Pay … 2. Needs of the Wife … 3. Duration of Marriage … 4. Guilt of Parties … B. Judicial Discretion

II. Alimony Award Subsequent to Divorce Decree

III. Modification of Alimony Awards … A. Statutes Governing … B. Considerations When Modifying an Alimony Decree … 1. Station in Life Rule … 2. Change in Financial Conditions or Circumstances … (a) Earning Capacity of Husband … (b) Increase or Reduction in Husband’s Income … (c) Unemployment of Husband … (d) Business Fluctuations … (e) …


Law, Morality, And Scientific Method: A Review Article, Thomas A. Cowan Jan 1959

Law, Morality, And Scientific Method: A Review Article, Thomas A. Cowan

Nebraska Law Review

I have been asked by the editors of the Nebraska Law Review to prepare a critical review of Parental Authority: The Community and the Law by Julius Cohen, Reginald Robson, and Alan Bates. The interest of the editors was not in an expository account of the book’s contents but in a critique of the research project as a whole. I shall therefore assume that my readers are acquainted with the book (or will shortly become so).

This much about the book may perhaps be said. It is the result of a study designed to apply polling techniques to ascertain the …


Constitutional Law—Intra-State Produced And Consumed Wheat Under The Commerce Clause, Roger A. Langenheim Jan 1959

Constitutional Law—Intra-State Produced And Consumed Wheat Under The Commerce Clause, Roger A. Langenheim

Nebraska Law Review

The defendant, who operates a farm in Oklahoma, was notified by the County Committee authorized to administer marketing quotas for wheat under the provisions of the Agricultural Adjustment Act of 1938 that his farm wheat acreage allotment for 1956 was 0 acres, that his excess acreage of wheat was 43 acres, and that his farm marketing excess—upon which a civil penalty applies—was 473 bushels. Following defendant’s refusal to pay the penalty of $506.11 thus incurred, the United States brought action to recover this penalty. Defendant alleged, by way of affirmative defenses, that the Agricultural Adjustment Act of 1938 is unconstitutional …


Bills And Notes—Constructive Acceptance Of A Check By Retention, Robert L. Walker Jan 1959

Bills And Notes—Constructive Acceptance Of A Check By Retention, Robert L. Walker

Nebraska Law Review

A check was drawn on the defendant bank and made payable to the plaintiff. The check was deposited with the X bank for collection and forwarded by X bank to the Y bank. Y bank forwarded the check to the Federal Reserve Bank which sent it by mail to the defendant bank. The defendant bank, upon receipt of the check, marked it “return” because of insufficient funds. The following day Federal bank examiners seized control of the cash items of the bank, and as a consequence the defendant bank was unable to trace and return the check for more than …


Pleading—Lack Of Jurisdiction As A Defense In Federal Courts, Donald E. Leonard Jan 1959

Pleading—Lack Of Jurisdiction As A Defense In Federal Courts, Donald E. Leonard

Nebraska Law Review

Plaintiff, a citizen of Pennsylvania, instituted a tort action in a federal district court against a corporate defendant. Defendant filed an answer admitting that the plaintiff’s action was a common law action based on diversity of citizenship. Subsequently, and four days before the running of the applicable state statute of limitations, the defendant filed a motion to amend its answer to allege defendant was incorporated in two states, one being the state of plaintiff’s citizenship, and moved to dismiss for lack of jurisdiction. Held: Motions denied. Federal Rule of Civil Procedure 15 (a) grants discretion to the court to permit …


Criminal Law—Good Time Statutes—Menard V. Nichols, Robert C. Knapple Jan 1959

Criminal Law—Good Time Statutes—Menard V. Nichols, Robert C. Knapple

Nebraska Law Review

Since the primary purpose of incarceration in prison is the rehabilitation of the prisoner, abuses resulting from sentencing criminals to definite and fixed sentences made it necessary to modify the law in some manner. In 1817 New York passed a “good time” law, empowering the “inspectors of the prison to reduce the sentence of any convict sentenced to imprisonment for not less than five years, one-fourth, upon certificate of the principal keeper and other satisfactory evidence, ‘that such prisoner has behaved well.’” Pennsylvania tried a system as early as 1790 whereby a prisoner might be released by the judge who …


Indexes To Volume 38 Jan 1959

Indexes To Volume 38

Nebraska Law Review

Index by Authors

Index by Titles

Index Digest

Index by Cases


Insurance—Company Liability For Wrongful Death When Insured Murdered By Purchaser With No Insurable Interest, Richard E. Petrie Jan 1959

Insurance—Company Liability For Wrongful Death When Insured Murdered By Purchaser With No Insurable Interest, Richard E. Petrie

Nebraska Law Review

Three insurance companies negligently issued policies on the life of a two-year-old child to an aunt-in-law having no insurable interest in the child’s life. A few months later, the aunt murdered the child. Plaintiff, the child’s father, recovered a $75,000 judgment against the insurance companies for his child’s wrongful death. Held: Judgment affirmed. The central reason for refusing to recognize insurance contracts where the beneficiary has no insurable interest is that such contracts provide a motive for murder. Hence an insurance company must use reasonable care not to issue a life insurance policy to one with no insurable interest and …


An Iron Fulgurite From Nebraska, C. M. Riley Jan 1959

An Iron Fulgurite From Nebraska, C. M. Riley

Bulletin of the University of Nebraska State Museum (1924–2023)

From the time of the ancients man has been impressed with the force of lightning and its effect on the rocks at the surface of the earth. It was Saussure in 1786 who first wrote a scientific account of a true fulgurite, and a wealth of literature has been written about the subject since this time. Many unusual fulgurites have been described, some of which may not truly be the result of lightning. The iron fulgurite is a strange conical object about 3 inches high composed mainly of tiny spheres and filaments of metallic iron intermixed with a small amount …


Answers To Tractor Safety Questions : Extension Circular 7-57-2, William D. Lutes Jan 1959

Answers To Tractor Safety Questions : Extension Circular 7-57-2, William D. Lutes

Nebraska 4-H Clubs: Historical Materials and Publications

Contains answers to 14 Safety questions for 4-H products.


Grow Trees In Your Own Nursery : Extension Circular 17-11-2 Jan 1959

Grow Trees In Your Own Nursery : Extension Circular 17-11-2

Nebraska 4-H Clubs: Historical Materials and Publications

This 4-h manual has been written to aid boys, girls, and leaders interested in planting and raising trees in the 4-h nursery projects. The general topics covered are: Collecting seed, Planting and caring for a nursery. and Planting and caring for a transplant bed.

Produced as an extension circular


Grow Trees For Commercial Purposes : Extension Circular 17-31-2, Karl Loerch Jan 1959

Grow Trees For Commercial Purposes : Extension Circular 17-31-2, Karl Loerch

Nebraska 4-H Clubs: Historical Materials and Publications

This 4-H extension circular covers Walnut plantations, Post Plantings, and Christmas Tree Plantings. Project requirements are that you make a plan and follow through with it.


Nebraska 4-H Light Horse Manual : Extension Circular 2-96-2, Morris Hemstrom, Dick Warren Jan 1959

Nebraska 4-H Light Horse Manual : Extension Circular 2-96-2, Morris Hemstrom, Dick Warren

Nebraska 4-H Clubs: Historical Materials and Publications

Discusses all aspects of horses and taking care of them; from anatomy to diseases.


Symptoms And Control Of Zinc Deficiency In Corn, F. V. Pumphrey, F. E. Koehler Jan 1959

Symptoms And Control Of Zinc Deficiency In Corn, F. V. Pumphrey, F. E. Koehler

Nebraska Agricultural Experiment Station: Historical Circulars

The purpose of this publication is to describe zinc deficiency symptoms in corn and to present recommendations for applications of zinc fertilizer.