CONSTITUTIONAL LAW - VALIDITY OF MORTGAGE MORATORIUM ACT - EFFECT OF LAPSE OF TIME ON "EMERGENCY'' LEGISLATION
Winkler, Ralph
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Most recently cited by1
- 1939Shumaker v. Hoover Minn.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
A mortgage moratorium law was enacted in Nebraska in 1933. It was re-enacted in 1935 and again in 1937. The act recited that an emergency existed and that the law was adopted to provide for this condition. The instant case involved the constitutionality of this law.
A majority of the court held that the law violated the due process clause and the contracts clause of the state constitution. While the court admitted that "land values have not been restored to the prices they had attained prior to March 1, 1934," nevertheless, "It appears that there is no crisis now prevailing which involves a general paralysis of business and finance, and that the unfortunate condition now confronting us is strictly a 'continued depression.'" First Trust Co. of Lincoln v. Smith, (Neb. 1938) 277 N. W. 762.