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SHIPLEY v. SHIPLEY

No. 33033.

50 N.W.2d 103 (1951)

154 Neb. 872

SHIPLEY v. SHIPLEY.

Supreme Court of Nebraska.

November 23, 1951.

Attorney(s) appearing for the Case

Burbridge & Burbridge, Omaha, for appellant.

Frost, Peasinger & Meyers, Omaha, for appellee.

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

MESSMORE, Justice.

The plaintiff filed a petition in the district court to modify a decree of divorce. The defendant, cross-petitioner, demurred to the petition. The demurrer was sustained. The plaintiff appeals.

The ruling on the demurrer was not followed by a judgment of dismissal nor any order showing final disposition of the case.

In Larson v. Sloan, 77 Neb. 438, 109 N.W. 752, this court held: "An order sustaining a general demurrer to a petition...

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