Martindale's Commercial and Legal Guide
Thirty-seventh semi-annual edition.
J. B. Martindale - 142 & 144 La Salle Street, Chicago.
Martindale's Commercial and Legal Guide - Spring 1886.
Exemptions. -- All heads of families who have neither lands, town lots or houses, subject to exemption as a homestead, shall have personal property exempt to the value of $5O0. A homestead not exceeding in value $2,000, and not exceeding 16O acres, of not to exceed two lots in any incorporated city or village. The law also allows heads of families the customary exemptions, such as family bible, church pew, provisions for family and stock, etc.
Limitation. -- Within five years an action upon a specialty, agreement, contract, promise in writing or foreign. judgment. Within four years; an action upon a contract not in writing, expressed or implied, an action upon a liability created by statute other than a forfeiture or penalty; also for an injury to the rights of the plaintiff not arising on contract. All actions or causes of action barred by the laws of any other State shall be deemed barred under the laws of this State.
Redemptions. -- The owner of any real estate against which a decree of foreclosure has been rendered, or any real estate levied on to satisfy any judgment or decree, may redeem such by paying, into Court the amount of decree or judgment, with interest and costs at any time before confirmation.
Witness.-- Every human being of sufficient capacity to understand the obligation of an oath is a competent witness in all cases, civil and criminal, subject t the, customary restictions imposed by public policy. No person having a direct legal interest in the result of any cause shall be a witness when adverse party is executor or administrator of a deceased person, unless the testimony of deceased is to be read in evidence in the cause.
Stay of Execution. -- On sums under $50, three months; on sums over $50, and not exceeding $100, six months; on sums exceeding $100, nine months.
Married Women. -- A married woman may bargain, sell and convey her real and personal property and contract with reference to same, in the same manner and with like effect as a married man may in relation to his real and personal property. The property of the husband shall not be subject to the debts of the wife contracted before marriage.
Interest. -- Legal rate of interest fixed at 7 per cent., but parties may contract for amounts not exceeding 10 per cent. Judgments and decrees carry same rate as contracts on which same are founded, provided such rate was allowed by law. Unsettled accounts between parties bear interest after six months from date of last item. If illegal interest be contracted for, no interest can be recovered, and defendant shall have his costs. If any illegal interest has been paid on usurious contract, such amount shall be deducted from principal. The acts of agent in loaning money shall bind principal same as if principal acted in person, and where same person acts as 'agent for borrower he shall be deemed agent of loaner also. These interest laws came into force June 1st, 1879.
Notes. -- The act providing for attorney's fees on notes and written instruments for payment of money was repealed June 1st, 1879.
Statute of Frauds. -- Every contract for sale of land, or any interest therein, except leases for one year, shall be void, unless the contract or some note or memorandum thereof be in writing, and signed by the party to be charged. Every agreement not to be performed by its terms within one year from making thereof, and every contract for sale of goods, chattels or things in action for price of $50 or more, shall be void, except same be in writing, unless purchaser pay some part of price or accept some of goods, or receive some evidence of things in action.
Assignment for Benefit of Creditors. -- Creditors shall file their claims with assignee within six months after published notice, or be barred from sharing in the assets of assigned estate. No citation to account can be issued to assignee within one year after appointment. Debtor is not discharged from liability by assignment.
Justice's Jurisdiction. -- Justices of the Peace have jurisdiction to try and determine civil actions wherein the amount claimed does not exceed $200.
Depositions. -- The Nebraska Code on this subject is copied from the Ohio Code. (Rev. Stat., p. 455; title, "Depositions.") They may be used: 1st, when the witness does not reside in, or is absent from, the county where trial had; 2d, when, from age or infirmity, the witness is unable to attend court, or is dead; 3d, when the testimony is required upon a motion, or in any other case when the oral examination of witnesses is not required.
Martindale's Commercial and Legal Guide - Spring 1886.
Depositions may be taken in this State before a Judge or Clerk of the Supreme or District Courts, a Probate Judge, Justice of the Peace, Notary Public, Mayor or chief magistrate of a city or town incorporate, or a Master Commissioner, or any person empowered by special commission.
Depositions may be taken out of the State by a Judge, Justice, or Chancellor of any court of record, a Justice of the Peace, Notary Public, Mayor or chief magistrate of any city or town incorporate, a Commissioner appointed by the Governor of this State to take depositions, or any person authorized by special commission from this State.
Notice of the taking of depositions must be served upon the adverse party, his agent, or attorney of record, or left at his usual place of residence, so as to allow sufficient time, by the usual route of travel, to attend, and one day for preparation, exclusive of Sundays and the day of service. The examination, if so stated in the notice, may be adjourned from day to day. The notice shall specify the names of the witnesses to be examined; and when the place of taking is out of the State, or more than fifty miles from the place of trial, the adverse party, within forty-eight hours after service of notice, may serve on the other party written cross-interrogatories, which shall be asked, answered, etc. (Laws, 1875, p. 37.) Notice to nonresidents may be made by publication.
The certificate of the officer taking the deposition must be annexed thereto, showing: that the witness was first sworn to testify the truth, the whole truth, and nothing but the truth; that the deposition was reduced to writing in the presence of the officer, by himself, or by the witness, or by some disinterested person (naming him); that it was signed in his presence by the witness, and was taken at the time and place signified in the notice.
Instructions for taking Depositions. - Begin with the following caption:
Depositions of sundry witnesses, taken before me (here insert the name or the magistrate, and his official character, as Justice of the Peace or Notary Public, etc.), within and for the county of ........... in the State of ......... on the ...... day of .......... in the year ....... between the hours of ........ A. M., and ........ P. M.. at ........... in said county, pursuant to the annexed notice (or agreement, as the case may be), to be read in evidence on behalf of the (plaintiff or defendant, as the case may be), in an action pending in ........... (naming the court), in which ............ plaintiff, and ........... defendant.
A. B., of lawful age, being by me first duly examined, cautioned, and solemnly sworn (or affirmed), deposeth and saith as follows, namely (here write the deposition), and so on with all the witnesses.
The deposition may be taken by stating the facts in reply to questions first written down, or in the narrative form.
If there are adjournments, they should be noted by the magistrate, or other officer taking the depositions, from day to day, at the close of the day, with the reasons therefor.
Objections should be entered to witnesses supposed to be interested, and to questions supposed to be illegal. This entry is made on behalf of the party raising the objection, simply b a short note, made by the magistrate or officer taking the depositions, stating the ground of objection.
Each witness must sign his own deposition.
The notice must be attached to the depositions, and enclosed with them.
The depositions must be commenced on the day named, and some portion of a deposition taken on each successive day, Sundays and legal holidays excepted, adjournments being from Saturday to Monday, or next day after such holiday.
When depositions are taken under an agreement, the above instructions will be followed, except where they are modified by the agreement. In such case, the agreement will be followed. It should be attached to depositions, if sent, and referred to in the caption, as the notice is when taken under a notice.
If taken by interrogatories and cross-interrogatories, under agreement or otherwise, every interrogatory and cross-interrogatory must be put to each witness, and answered, so far as he can answer it, and the answer be written down. The deposition must show that each interrogatory and cross-interrogatory was thus put and answered.
The fees for taking the depositions should be taxed, and a memorandum made by whom they were paid. Close the depositions with a certificate in the form following, namely:
I. A. B. (naming the official character or the magistrate, according to the fact), do hereby certify that (naming all the witnesses who have testified), were by me first severally sworn (or affirmed), to testify the truth, the whole truth and nothing but he truth, and that the depositions by them respectively subscribed, as above set forth, were reduced to writing by myself (Or, if by any other person name him, and say by ............, who is not interested in the suit, in my presence, and) in the presence of the witnesses respectively, and were respectively subscribed by the said witnesses in my presence, and were taken at the time and place in the annexed notice (or agreement) specified; that I am not counsel, attorney, or relative of either party, or otherwise interested in the event of this suit; (if there be adjournments, add) n said depositions were commenced at the time in said notice specified, and continued by adjournments from day to day as above stated.
In testimony whereof, etc.
Martindale's Commercial and Legal Guide - Spring 1886.
Depositions taken before any authorized officer, having an official seal, must be certified by him under such seal and his official signature. If the officer have no official seal, the deposition (if not taken in this State) must be certified and signed by such officer, and further authenticated by parol proof, adduced in court, or by the official certificate and seal of any secretary or other officer of state, keeping the great seal thereof, or of the clerk or prothonotary of any court having a seal, attesting that such judicial or other officer was, at the time of taking the same, authorized to do so, (as being one of the officers above mentioned). This certificate should be attached to the certificate of the officer taking the deposition.
If taken in the State by an officer having no seal, or within or without the State under a special commission, the official signature is sufficient.
Proof of official character is omitted when waived by agreement of parties by endorsement on notice; but this agreement does not waive the taking at the specified time and place
The whole should be sealed up by the officer taking the same, and the envelope addressed to the Clerk of the court in which the action is pending, and endorsed as follows:
A. B against C. D. (giving the title of the cause). Depositions in said action on behalf of the ......... (plaintiff or defendant, as the case may be). These depositions taken, sealed up, endorsed, addressed, and transmitted by me.
L. M. Notary Public.
List of Martindale associated lawyers in the state who compiled Nebraska information.
Thank you, Tim Stowell - for the scans from the original publication.
J.B. Martindale founded in 1868 and still exists today
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