Equity
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Authors
Spindler, Judith A.
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The Nebraska Supreme Court, in three decisions rendered during the survey period, reaffirmed the discretionary power of equity courts. These decisions will be presented and analyzed, to illustrate the exercise of judicial discretion in formulating the relief to correspond with the conduct of the parties. By focusing on the conduct of all parties before the court, the equities and hardships of each factual situation are balanced. The unconscionable conduct of the mortagagee in Redding v. Gibbs resulted in the court's refusal to enforce the acceleration clause of the mortgage. In Botsch v. Leigh Land Co., the court enjoined an entire feed lot operation when the defendants failed to present evidence rebutting the plaintiffs showing of prima facie nuisance. Finally, in Hein v. M & N Feed Yards, the court found an action to be equitable in nature when plaintiff sought an accounting for profits...
Description
Citation
14 Creighton L. Rev. 308 (1980-1981)
Publisher
Creighton University School of Law