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ATTEBERY v. ATTEBERY

No. 35017.

111 N.W.2d 553 (1961)

172 Neb. 671

Dorothy ATTEBERY, Appellant, v. Virgil ATTEBERY, Appellee.

Supreme Court of Nebraska.

November 10, 1961.

Attorney(s) appearing for the Case

Maupin, Dent, Kay & Satterfield, Thomas O. David, James J. Duggan, North Platte, for appellant.

S. S. Diedrichs, North Platte, for appellee.

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

BROWER, Justice.

The present proceeding was brought by Virgil Attebery, defendant and appellee herein, to set aside a decree of divorce obtained by the plaintiff and appellant Dorothy Attebery, whose name is now Dorothy Hulett, in the district court for Lincoln County, Nebraska, on August 15, 1935. The defendant's petition to vacate was filed in the original action May 8, 1959. The grounds urged to set aside the decree were that the only allegation of the original...

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