MUELLER v. KEELEY

No. 34053.

80 N.W.2d 707 (1957)

163 Neb. 613

Emil H. MUELLER, and Charles J. Mueller, Appellants, v. Eugene P. KEELEY, Appellee.

Supreme Court of Nebraska.

January 25, 1957.


Attorney(s) appearing for the Case

Charles A. Fisher, Chadron, Dean L. Donoho, Valentine, for appellants.

William B. Quigley, Valentine, Davis, Healey, Davies & Wilson, Lincoln, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

In this action plaintiffs by amended petition sought a money judgment against defendant. Defendant by answer denied liability and prayed for a judgment of dismissal. By reply plaintiffs renewed their prayer for a money judgment. The cause was tried to the court, a jury being waived, on June 13 and 14, 1955.

The transcript shows "Findings and Judgment" filed on December 19, 1955. However, it recites that these findings and judgment were...

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