Section 25-530—Venue or Jurisdiction?
R. H. Beatty
On October 26, 1957, the writer of this paper received a letter from the Chairman of the Judicial Council enclosing a copy of a communication sent to all the members of the Judicial Council suggesting the consideration by the Council of the advisability of seeking an amendment to Section 25-530 of the Nebraska Revised Statutes to provide for venue of actions against nonresident defendants growing out of damages caused by the operation of motor vehicles by such nonresidents of Nebraska while using the public highways of this state in the county in which the accident and damages occurred. The letter suggests that under present Nebraska laws, such a nonresident, when not physically present in Nebraska, can only be found in Lancaster County, Nebraska, where the Secretary of State of the State of Nebraska, his statutory agent, resides. The letter further states that several district judges in this state have held that such actions may be brought only in Lancaster County, Nebraska. A determination of the question as to whether an action against a nonresident of the State of Nebraska for damages caused by such nonresident in the operation of a motor vehicle upon the public streets or highways of Nebraska can be brought in any county other than Lancaster County, the residence of the statutory agent of the nonresident requires the examination and consideration of five sections of Nebraska statutes, to-wit: Sections 25-408, 25-409, 25-504, 25-521, and 25-530.
Nebraska “Grade A” Dairy Regulation—A Study in Regulative Overlap
Deryl F. Hamann
I. Introduction … A. State Statutes Predating the 1957 “Grade A” Law … 1. 1951 Grade A Labeling Law … 2. General Milk Statutes … B. Municipal Ordinances
II. The New “Grade A” Law and Municipal Milk Control … A. Basic Policy Factors in Municipal Milk Control … B. Validity of Existing Municipal Ordinances … 1. Power of the Municipality to Legislate … 2. Pre-emption and Conflict—State versus Municipal Control … a. Occupation or Pre-emption of the Field … b. State-Municipal Conflict … 3. Interference with Liberty … C. Effect If Municipal Ordinances Are Generally Valid … 1. Confusion of Standards … 2. Inspection by Local Officials … D. The Reference Problem
III. “Grade A” and Other Nebraska Dairy Statutes
IV. Desirability of the USPHS Milk Ordinance and Code
V. Suggested Changes … A. Adoption of the USPHS Milk Ordinance and Code … B. State-Municipal Control … C. Grade A and Other Nebraska Statutes … 1. Foreign substances … 2. Nonfat solids in skim milk … 3. Bacteria … 4. Tuberculosis inspection
VI. Conclusion
The Use of Real Evidence
Donald P. Lay
I. Introduction
II. Objections to Use
III. Use by Defendant
IV. Illustrative Proof … A. Photographs … B. X-rays … C. Models, Charts, Diagrams, and Maps … D. Blackboards
V. Conclusion
The Family Automobile Policy
Curtis M. Elliott
I. Introduction
II. Eligibility Considerations
III. Persons Insured
IV. Non-owned Automobile Coverage
V. Trailers
VI. Stolen Automobiles
VII. The Future
Ethics in Legal Practice in Nebraska: A Comparative Analysis
William F. Swindler
I. Introduction
II. General Principles of Professional Practice … A. Statutory Bases … B. Adjudication … C. Selected Advisory Opinions … 1. Relations between Attorney and Court … 2. Relations between Attorney and Client … 3. Relations with Opposing Parties, Witnesses, and Counsel … 4. Conduct during Trial … 5. Fiduciary Principles … 6. Fees and Expenses … 7. Conduct of the Business of Law Practice … 8. General Professional Responsibilities
III. Summary
Unemployment Compensation during Labor Disputes
Virgil J. Haggart Jr.
I. Survey of Federal and State Legislation
II. Object and Purpose of Unemployment Compensation Legislation … A. Federal Legislation … B. State Legislation
III. Labor Dispute Disqualification Provisions … A. Survey of Labor-Dispute Disqualification Provisions … 1. “Stoppage of Work” … 2. “Labor Dispute” … 3. Removal of Disqualification … 4. “Participating” in Labor Dispute … 5. “Financing” the Labor Dispute … 6. “Directly Interested” in the Labor Dispute … 7. Same “Grade or Class” … B. Tradition of Neutrality of the Stat in Labor Disputes … 1. British Legislation and Experience … 2. Doctrine of Neutrality of the State in the United States … C. Application of Labor-Dispute Disqualification Provisions to Modern Collective Bargaining Conditions … 1. Summary of Application of Labor-Dispute Provisions … 2. Special Problems
IV. Conclusion
Appendix: Labor-Dispute Disqualification Provisions of State Unemployment Compensation Laws
Property Settlements and the Federal Gift Tax—A Survey
William E. Mooney Jr.
I. Antenuptial Agreements … A. History … B. 1954 Code … C. A Partial Solution
II. Support and Property Rights … A. History … B. 1954 Code
III. Support for Minor Children
IV. Separation and Divorce Agreements … A. History … B. 1954 Code … C. Legislative History of IRC § 2516 … D. Situations Where § 2516 Does Not Apply
The Rule against Contribution and Its Status in Nebraska
Donald R. Wilson
It is the purpose of this article to present two distinct phases of the law of contribution between joint tortfeasors. The first section includes a brief summary of the background for the “no contribution” rule along with a discussion of a recent case which relaxes the stringent requirements for recovery. The second section deals exclusively with the Nebraska law on this issue and endeavors to determine Nebraska's exact position as to the allowance of contribution between negligent joint tortfeasors.
I. The Rule in General
II. Contribution in Nebraska
III. Conclusion