United States Circuit Court July 1, 1883 (American Mortgage Co. of Scotland v. Downing)

Mr. Justice Miller,

in rendering the decision, remarked that, upon full review of the authorities, he was satisfied that the repeal of the Nebraska statute left the question as though no statute had ever been passed, and that, upon principle and authority, it was clear that parties were fully competent to make their own contracts, and there was nothing in the policy of the law which forbade them