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SMITH v. SMITH

No. 33646.

69 N.W.2d 321 (1955)

160 Neb. 120

Dorothy SMITH, Appellant, v. Charles H. SMITH, Appellee.

Supreme Court of Nebraska.

March 18, 1955.

Attorney(s) appearing for the Case

John McArthur, Lincoln, for appellant.

Johnston & Grossman, Lincoln, for appellee.

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

WENKE, Justice.

This is a divorce action appealed to this court by Dorothy Smith, plaintiff below, from an order of the district court for Lancaster County dismissing her case. The trial court based its order of dismissal on a finding that the evidence adduced was not sufficient to sustain the ground for divorce asserted by appellant, which was extreme cruelty.

Section 42-302, R.R.S.1943, provides, insofar as here...

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