Digital Commons Network^™

Recent Cases: Constitutional Law — Freedom Of Speech — Conviction For Speaking After Having Been Wrongfully Denied License To Do So, Alan J. Garfinkle

Nebraska Law Review

Defendant, a Jehovah's Witness, was convicted of conducting a public meeting in a city park without first obtaining the license re­quired by city ordinance. Defendant maintained that he had applied for such license, but had been wrongfully denied it. The New Hamp­shire Supreme Court held the ordinance valid, and the conviction binding, notwithstanding the wrongfulness of the refusal to grant the license. Upon appeal to the United States Supreme Court, held: conviction affirmed. The refusal to grant the license was a wrongful contravention of purely ministerial powers conferred by the ordinance; but such wrongfulness was no defense to defendant's violation …

Recent Cases: Domestic Relations — Full Faith And Credit — Effect Of Decree Granting Custody Of Children, John P. Pfann

Nebraska Law Review

A husband domiciled in Wisconsin obtained a divorce decree in Wisconsin from his non-resident, absent wife, and an order awarding him the custody of the children. He filed for habeas corpus in Ohio to obtain the children after the wife violated the decree. The wife contended that Ohio should deny full faith and credit because Wisconsin had no personal jurisdiction over her. The husband reasoned that his domicile plus that of the children was a sufficient jurisdictional basis to enable Wisconsin, also the marital domicile, to bind all parties interested in their custody. At the time of the decree, although …

Recent Cases: Eminent Domain — Retention Value As An Element Of Valuation, Charles J. Burmeister

Nebraska Law Review

In 1940 the plaintiff, a Swiss firm, purchased 420 metallic railway tires from an American firm, but was unable to ship them to Switzer­land through the existing British blockade. Plaintiff then made ex­tensive efforts to dispose of the tires, but because of their unusual dimensions was able to sell only 212 of them. In 1943, defendant, the United States Government, requisitioned the remaining 208 tires and awarded the plaintiff $1,003.14, the value of the tires as scrap iron. Plaintiff refused the award claiming that even though no market was available for the unsold tires, the tires should have been valued …

Recent Cases: Taxation — Constitutional Law — Ad Valorem Personal Property Tax On Flight Equipment Used In Interstate Commerce, Ira Epstein

Nebraska Law Review

Plaintiff airline, incorporated in Delaware, with its executive offices in Texas, and its home port in Minnesota, brought action for a declaratory judgment to test the validity of a Nebraska statute authorizing the imposition of an ad valorem personal property tax on flight equipment used in interstate commerce. The tax in question was not based on the full value of the equipment but on the percentage of flight equipment used in Nebraska. Plaintiff contended that taxation of its equipment by Nebraska in any amount was prohibited by the "Commerce Clause" of the Federal Constitution. Held: Nebraska has the power to …

Recent Cases: Wills — Descent Of Insurance Proceeds Covering Extinguished Specific Bequests, Allan J. Garfinkle

Nebraska Law Review

Two recent cases involving the disposition of proceeds of insurance policies covering property given by specific bequest and destroyed immediately before testator's death reach apparently opposite, but readily distinguishable, results. In a Kansas case a farmer had bequeathed his realty to his children and his personality to his wife. A tornado destroyed the farm buildings and fatally injured the farmer. Held: the proceeds from insurance covering the farm buildings descended to the heirs of the realty. An Oklahoma case involved the accidental destruction of an insured automobile and consequent death of its owner. Held: the insurance proceeds went to the …

Book Reviews: Merrill On Notice, By Maurice H. Merrill, Kansas City: Vernon Law Book Co., 1952, 3 Vols., Henry H. Foster

Nebraska Law Review

In 1926 Dr. Maurice H. Merrill joined the faculty of the University of Nebraska Law School and took over the course in Agency previously taught by a most eminent authority in that field, Dean Warren A. Seavey. The meticulous scholarship of Dean Seavey undoubtedly was an inspiration to his successor, for in the years that followed Professor Merrill, both in the classroom and in print, demonstrated his complete grasp of the subject of Agency. Within a year Professor Merrill published the concluding section of an important series of articles on Agency commenced by Dean Seavey which had appeared in early …

Book Reviews: Law And The Farmer, By Jacob H. Beuscher, New York: Springer Publishing Company, 1953, Edward M. Parmelee, G. H. Penstone

Nebraska Law Review

Law and the Farmer is a non-technical presentation of real estate, agricultural and business law as it applies to the farmer. The chief purpose of the book is to furnish legal guidance to the farmer, both in his daily operations and in long-range planning for the acquisition, development, and even the ultimate disposal of the farm. The introduction, briefly but clearly, explains the nature and scope of business law against the background of the origin and application of the entire field of law.

Several chapters are devoted to the subject of acquiring a farm, discussing the problems of leasing, purchasing …

Standardized Instructions To Juries: 1953 Cumulative Supplement, Adopted By The Association Of District Judges Of Nebraska

Nebraska Law Review

No. 1. Arrest-Definition. No. 2. Arrest-Conduct of Officer. No. 3. Arrest-Conduct of Officer, No. 4 .Arrest Without a Warrant. No. 5. Arrest-Use of Force. No. 6. Assault and Battery Definitions. No. 7. Assault and Battery-Great Bodily Injury-Definitions. No. 8. Blood Test Evidence, Drunken Driver Cases. No. 9. Confession-When it May be Considered as Evidence. No. 10. Damages -Seepage of Water From Canals or Reservoirs. No. 11. Tables of Expectancy. No. 12. Family Purpose Car. No. 13. Guest Passenger, Standard of Duty. No. 14. Jury to Consider All Instructions. No. 15. Jury, Conduct of in Separate Hotel Rooms in Criminal Cases. …

Table Of Contents, Vol. 33, No. 2, 1953

Nebraska Law Review

No abstract provided.

An Annotated List Of The Orthoptera Of Nebraska Part Ii The Tettigidae And Acrididae, Harold A. Hauke

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

This is the second of a series of papers on the Orthoptera of Nebraska. It is a continuation of the revision of an unpublished thesis on this subject by the author in 1934.

Block And Bridle Annual, 1953

Block and Bridle Annual (1933–2021)

Table of Contents:

Roster of members
Group picture
Chronicle of Activities
Sample minutes of Regular Meeting
Financial statement
Initiations
New Officers
Activities
Spring Livestock Show
Program of Show
Honors Banquet
Student Livestock Judging Contest
Judging Teams
Senior Meats Team
Senior Wool Team
Senior Livestock and Junior Teams
National Recognition Trophy Award
National Recognition Continued

4-H Ewe And Lamb Project Outline : Extension Cirular 2-81-2

Nebraska 4-H Clubs: Historical Materials and Publications

Outline for : Discusses selection and care of lambs and ewes. Provides information in lieu of a manual for the ewe and lamb prject for 4-H.

Influence Of Certain Soil-Proftle Characteristics Upon The Distribution Of Roots Of Grasses, R. L. Fox, J. E. Weaver, R. C. Lipps

Papers of John E. Weaver (1884–1956)

A method has been devised by Weaver and his coworkers (15) by which a root system may be sampled from the soil surface to a depth of maximum root penetration. The root system may then be separated from the soil without vertical displacement, photographed, and compared with soil profile characteristics. In the present investigation an attempt has been made to relate some chemical and physical properties of the soil to root distribution.

Aerial Survey Township Areas, Willford L. Miller

Other Publications in Wildlife Management

In the year 1946, two townships of 36 square miles each were selected for experimental work in aerial censusing. The primary objective was to devise a technique for obtaining complete counts of upland game birds on limited areas during the winter months.

The aerial survey proved to be very satisfactory when snow conditions are right. All available cover must be well filled with snow, with very few bare spots in fields or other parts of the area. The birds tend to congregate on such bare places where it is very difficult to see them from the plane.

In 1951 a …

Circular 90, Microorganisms And Their Effects On Crops And Soils, 1953

University of Nebraska Historical Extension: Bulletin

Circular 90, Microorganisms and their Effects on Crops and Soils, 1953

Ec198 2-4,D For Weed Control In Field Crops, J. D. Furrer

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 198 discusses 2-4, D for weed control in field crops.

Ec627 Revised 1953 Feeding Milk Cows, C. W. Nibler

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 627 is a 1953 revised version of extension circular 627. It provides information on what and how to feed dairy cows during the various stages of their milking cycle.

Ec1278 Strawberry Culture, C. C. Wiggans

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 1278 is about the care of strawberries and what to provide for them.

Ec1277 Pest Control In The Home Fruit Planting, V. J. Miller, Wayne C. Whitney

University of Nebraska-Lincoln Extension: Historical Materials

Extension circular 1277 gives advice on pest control for fruit planting.

Log Of Test Holes Deuel And Garden Counties Nebraska, C. F. Keech, R. L. Schreurs

Conservation and Survey Division: Faculty and Staff Publications

No abstract provided.

The Ecology Of Mosquito Borne Viruses1, Carl M. Eklund

United States Department of Agriculture-Agricultural Research Service / University of Nebraska-Lincoln: Faculty Publications

The ecology of a mosquito borne virus involves a consideration of the growth of the virus within the vertebrate and arthropod hosts, the reaction of these hosts to the presence of the virus, and the vertebrate-arthropod associations which are necessary for the dissemination and maintenance of the virus. Little is known of the physiological properties of a particular host and virus which permit multiplication of the virus. In this review stress will be laid upon studies which attempt to discover the mechanisms in nature which maintain these viruses. The first section will relate to the geographical distribution and time of …

Test 490: John Deere 60 All-Fuel, Nebraska Tractor Test Lab

Nebraska Tractor Tests

EXPLANATION OF TEST REPORT: John Deere John Deere 60 All-Fuel

TEST A: The manufacturer's representative operates the tractor for a minimum of 12 hours using light to heavy drawbar loads in each gear.

This serves as a period for limber up, general observation and adjustments. Adjustments that are permissible include valve tappet clearance, breaker ,point gap, spark plug gaps, clutch and others of a similar nature. No new parts or accessories can be installed without having mention made of it in the report. No data' are recorded during this preliminary run except the time that the engine is operated.

BELT …

Parts Catalogue: Case Va, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

Parts Catalogue: Case Vai, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

Advertising Brochure: Case Si, Nebraska Tractor Test Lab

Nebraska Tractor Tests

No abstract provided.

Foreward, Henry H. Foster Jr.

Nebraska Law Review

It is hoped that this symposium will be stimulating and provocative. In devoting an entire issue to criminal law, emphasis is placed on a somewhat neglected field. Although it may be true that "this interest in criminal law is rooted in the traditions of the American bar," the average practitioner gives insufficient attention and thought to a sound administration of criminal justice. It is most important that the public and especially lawyers consider the social and legal problems involved so that there is an approximation to justice in criminal law. For there is no area of law which is more …

The Lag Between Scientific Discoveries And Legal Procedures, Frederick K. Beutel

Nebraska Law Review

It is a generally recognized fact that law and legal procedures lag far behind any type of social change. This is true even in matters of change in social custom, religion, and habits of the people. But it seems to be far more marked when one approaches the problem of picking up scientific developments and transposing them to be used as tools in legal and governmental procedures. The reasons for the failure of the legal system immediately to adopt scientific innovations are numerous. Many of them are found in the nature of the legal system itself. Its ancient origins, written …

Recent Cases: Bills And Notes — Separate Instruments Read As One And Affecting Status As Holder In Due Course And Negotiability Of Promissory Note, Robert E. Johnson

Nebraska Law Review

Plaintiff finance company followed a policy of refusing to take up negotiable notes from appliance dealers unless the notes were accom­panied by a statement signed by the maker of the note that all mer­chandise had been installed. A dealer forged the signature of defendant maker on the certificate, warranting that all merchandise had been installed. Plaintiff finance company sued the maker on the note. Held: the finance company forfeited its status as a holder in due course by requiring the additional instrument as a condition precedent to acceptance of the note. The court reasoned that since the finance com­pany required …

Recent Cases: Evidence — Privilege Against Self-Incrimination — Waiver And Its Effect Upon Subsequent Proceedings, Alfred W. Blessing

Nebraska Law Review

Witness testified before a federal grand jury regarding his participation in acts regarded by the grand jury as constituting a conspiracy to commit an offense against or to defraud the United States. The grand jury returned an indictment naming the witness as a co-con­spirator. At the trial of the other co-conspirators the government call­ed the witness and asked him a series of questions similar to those answered by him at the grand jury investigation. He refused to answer these questions on the ground that his answers would tend to incriminate him. Held: the witness was privileged to refuse to answer …

Recent Cases: Domestic Relations — Wife's Right To Support While Living With Husband — Equity Jurisdiction, Claire D. Johnson

Nebraska Law Review

Plaintiff, although continuing to reside with her husband, brought an action in equity against him for maintenance and support money. Held: where husband and wife are not separated and the purpose of the marriage relation is being carried out, an action in equity for support money cannot be maintained.

Had the plaintiff petitioned for a divorce from bed and board, a Nebraska statute giving the court discretion to award money for support and maintenance even though no divorce is granted and, apparently, regardless of whether or not the wife is living with her husband, might have been applicable. However, in …