Home > Nebraska Reports Volume 96: (English)
Nebraska Reports Volume 96: (English)

Nebraska Reports Volume 96: (English)

          
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About the Book

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. 1915 edition. Excerpt: ...attorney had prepared a journal entry, leaving a blank for the amount to be found by the court, and, all parties being present in court, he inserted in the blank left for that purpose the amount which he understood the court to pronounce as the amount of the decree. The judge then signed the draft for the journal entry and it was duly entered in the journal by the clerk. This was all done in open court, and there is no doubt shown in the record that the plaintifl: "s attorney acted in good faith in the matter, supposing that he had entered the amount pronounced by the court. There were two actions for foreclosure of real estate mortgage pending in the court between these same parties. The action that we are considering followed immediately after the other upon the judge's trial docket, one being term number 22 and the other term number 23. The amount found due in the former was entered upon the trial docket, 1,600 and some odd dollars, and the judge also entered upon the trial docket of this case the amount found to be due, $1,620. In his afiidavit, made a year later, he states that his memory is that the amount of the decree in this case was $1,620. If his memory is accurate and he has not confused these two cases, this evidence is, of course, of great importance. It seems clear from the whole record that the judge who heard this motion and the attorneys who presented it considered that the amount actually due the plaintiff was an issue being tried upon this motion. Ve think, therefore, this court should now so consider it. One of the defendants testified to the payment that had been made upon the mortgage, and that he had made a computation of the amount due at the time of the original trial, and stated that amount to be...


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Product Details
  • ISBN-13: 9781130485653
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 318
  • Series Title: English
  • Weight: 572 gr
  • ISBN-10: 113048565X
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 17 mm
  • Width: 189 mm


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