1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 112 N.W.2d
  5. 112 N.W.2d 31 (1961)
 

WALKENHORST v. APOLIUS

No. 35021.

112 N.W.2d 31 (1961)

172 Neb. 830

Don WALKENHORST, Appellee, v. Theodore A. (Jim) APOLIUS, Appellee, Theodore E. Apolius, Appellant, Impleaded with Security State Bank of Madrid, Nebraska et al., Appellees.

Supreme Court of Nebraska.

December 1, 1961.

Attorney(s) appearing for the Case

Frank B. Svoboda, Ogallala, Franklin D. Carroll, W. C. Conover, Grant, for appellant.

McGinley, Lane, Mueller & Shanahan, Ogallala, for Walkenhorst.

Fredrick E. Wanek and G. B. Hastings, Grant, Schroeder & Schroeder, Curtis, and Firman Q. Feltz, Ogallala, for Security State Bank et al.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

SPENCER, Justice.

This is an appeal from the sustaining of an oral motion for summary judgment, the refusal to permit the amendment of the dismissal of a cross-petition to reflect the facts, and the entry of a default judgment against the appellant. The second assignment is the only one we will discuss herein.

This is an action in equity commenced by the plaintiff below, Don Walkenhorst, to foreclose a thresherman's lien on wheat grown by Theodore A. (Jim...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases