Skip to main content
· 1/15/1884

State v. Wish

Citations

  • 15 Neb. 448

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the guarantors on mortgage document could not prevail on their fraudulent inducement claim based on an alleged oral promise to release them as guarantors after their son had paid the proceeds from the sale of corn when the written agreement set different terms for their release
  • finding excusable neglect in failing to reply to a counterclaim until four years after it was due
  • failure to file reply to counterclaim due to an oversight “clearly * * * amounts to an admission of neglect”
  • failure to file reply to counterclaim due to an oversight “clearly * * * amounts to an admission of neglect”
  • “In an action upon a note secured by a mortgage, the defendant is entitled to interpose all counterclaims and defenses he may have against the creditor.”
  • “[A]n oral agreement cannot be enforced in preference to a signed writing which pertains to exactly the same subject matter, yet has different terms.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Maxwell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.