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Emry v. Lake

3 Citing cases

  1. Leslie Salvage, Inc. v. City of Neb.

    8:18CV376 (D. Neb. Mar. 8, 2019)

    "Orders made in the exercise of judicial functions by a board or tribunal inferior to the district court are reviewable by proceedings in error." Hawkins v. City of Omaha, 627 N.W.2d 118, 127 (Neb. 2001) (emphasis in original) (citing Emry v. Lake, 149 N.W.2d 520 (Neb. 1967). "In reviewing a decision based on a petition in error, an appellate court determines whether the inferior tribunal acted within its jurisdiction and whether the decision rendered is supported by sufficient relevant evidence."

  2. Hawkins v. City of Omaha

    261 Neb. 943 (Neb. 2001)   Cited 30 times
    Affirming district court's calculation and award of damages to employees pursuant to Nebraska Wage Payment and Collection Act

    [9,10] Orders made in the exercise of judicial functions by a board or tribunal inferior to the district court are reviewable by proceedings in error. Emry v. Lake, 181 Neb. 568, 149 N.W.2d 520 (1967). It is only when the inferior board or tribunal acts judicially that a review by error proceedings is allowed.

  3. First Nat. Bank of Omaha v. State

    430 N.W.2d 893 (Neb. 1988)   Cited 11 times
    In First Nat. Bank of Omaha v. State, 230 Neb. 259, 430 N.W.2d 893 (1988) (First Nat. Bank of Omaha I), this court affirmed the sustainment of the State's demurrer, but reversed the order of dismissal, writing that "it is reasonably possible that [First National] may be able to state a cause of action in support of its theory of recovery."

    "Tested by general demurrer a petition for an extraordinary remedy is strictly construed." Emry v. Lake, 181 Neb. 568, 570, 149 N.W.2d 520, 522 (1967). A cause of action is judicial protection of one's recognized right or interest, when another, owing a corresponding duty not to invade or violate such right or interest, has caused a breach of that duty. Ravenna Bank v. Custom Unlimited, 223 Neb. 540, 391 N.W.2d 557 (1986).