The Nebraska Law Review

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


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.


Determining the Fair Market Value of Oil and Gas Interests

C. E. Wright

I. Introduction … A. Estate Tax Code … B. Gift Tax Code … C. Regulations … D. Scope

II. Methods of Valuation … A. Where No Method Is Mentioned … B. Value from Sales of Same Property … C. Value from Other Property in the Area … D. Value from Analytical Appraisal … E. Estimates of Recoverable Reserves … F. Volumetric or Saturation Method … G. Decline Curve Method … H. Marketing … I. Pricing … J. Costs … K. Taxes … L. Present Value

III. Conclusion


Inconsistent Jury Verdicts in Civil Actions

John C. McElhaney

I. Vicarious Liability of Co-Defendant … A. General Problem and Solution … B. Joint Tortfeasors as Defendants … C. Indemnity Cases … D. The Comparative Negligence Doctrine

II. Derivative Causes of Action … A. General Problem and Solution … B. Power to Grant a New Trial … C. Who May Complain of the Inconsistency

III. Separate Cases Consolidated for Trial … A. General Problem and Solution … B. The Right to a Jury Trial

IV. Other Related Fact Situations

V. General Comments on Inconsistencies … A. Reconciliation of Apparent Inconsistencies in the Verdicts … B. Validity of General Verdicts Based on Alternative Pleas … C. Verdicts Which Are Silent as to One Party Defendant

VI. Conclusion


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


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


A Critique of School District Reorganization in Nebraska

Arthur B. Winter

I. Introduction and Background … A. Proposed Plans for Equalization … B. The National Scope of Reorganization … C. Reorganization in Nebraska: Institutions and Procedures … D. Legislative Bases: Success and Failure

II. The Substance and Goals of Reorganization … A. Effectuation of Reorganization: Approach and Presentation … B. Effectuation of Redistricting: Pains and Penalties

III. The Dynamics of School District Reorganization—Proponents … A. Reorganization: Political Parties … B. Official Proponents of Reorganization … C. Reorganization: Administrative Agencies … D. Reorganization: Pressure Groups

IV. The Dynamics of School District Reorganization—Opponents … A. Organized Opposition … B. Major Objections to Reorganization … C. Additional Opposition Viewpoints

V. Conclusions … A. School District Problems and State Educational Policy … B. The Administrative Aspect of a Reorganized School District … C. School Reorganization: The Opposition … D. A Final Analysis

Table I. The Number of School Districts in Nebraska for Selected Years 1870–1957

Table II. A Quantitative Comparison of Academic and Elective (Vocational and Recreational) Course Offerings in Twenty-five Rural Nebraska High Schools—With an Appropriate Analysis


Compromise Verdicts in Criminal Cases

Philip C. Sorenson

I. Introduction

II. Jury Rationality

III. The General Verdict and What It May Show … A. Verdicts Contrary to Law … B. Verdicts Contrary to Fact

IV. Reversal of Compromise Verdicts

V. Problems in Reversal

VI. Conclusion