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NEMETZ v. NEMETZ

No. 32652.

40 N.W.2d 685 (1950)

152 Neb. 178

NEMETZ v. NEMETZ.

Supreme Court of Nebraska.

January 13, 1950.

Attorney(s) appearing for the Case

Hotz & Hotz, Omaha, William F. Dalton, Omaha, for appellant.

Oscar T. Doerr, Omaha, Paul J. Garrotto, Omaha, for appellee.

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

SIMMONS, Chief Justice.

This is the second appeal in this case. In the original action the trial court decreed that plaintiff and defendant were owners of the real estate involved as joint tenants with right of survivorship. We affirmed the judgment in Nemetz v. Nemetz, 147 Neb. 187, 22 N.W.2d 619. The mandate of this court was filed in the district court on June 18, 1946, during the May 1946 term.

Thereafter on August 22, 1946, plaintiff filed a motion to...

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