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HERSH v. MILLER

No. 34716.

99 N.W.2d 878 (1959)

169 Neb. 517

William HERSH, Appellant, v. Mildred K. MILLER, Appellee.

Supreme Court of Nebraska.

December 24, 1959.

Attorney(s) appearing for the Case

Martin A. Cannon, Matthews, Kelley & Stone, Omaha, for appellant.

Gross, Welch, Vinardi & Kauffman, Omaha, for appellee.

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

WENKE, Justice.

This action was commenced in the district court for Douglas County by William M. Hersh against Mildred K. Miller. Defendant's demurrer to plaintiff's second amended petition was sustained by the trial court. Plaintiff elected to stand on his second amended petition, whereupon the case was dismissed. Plaintiff then filed a motion for new trial and has taken this appeal from the overruling thereof.

The question presented by this appeal is, does...

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