McNALLY v. McNALLY

No. 32772.

43 N.W.2d 170 (1950)

152 Neb. 845

McNALLY et al. v. McNALLY et al.

Supreme Court of Nebraska.

June 23, 1950.


Attorney(s) appearing for the Case

John A. Menter, Big Springs, William L. Walker, Lincoln, Earl Ludlam, Lincoln, for appellants.

Henry W. Curtis, Imperial, Charles R. Shopp, Imperial, for appellees.

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


SIMMONS, Chief Justice.

This is a proceeding to set aside a judgment by default and confirmation of a sale in a partition action, and to be permitted to defend. The trial court denied the application. We affirm the judgment of the trial court.

The action was originally instituted in July 1939. Madonna McNally was plaintiff. Two sisters and two brothers and their wives, and the tenants on the land were named defendants.

The petition alleged that Jane...

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