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HUEFTLE v. EUSTIS CEMETERY ASSOCIATION

No. 34815.

106 N.W.2d 400 (1960)

171 Neb. 293

Charles HUEFTLE, Appellant, v. EUSTIS CEMETERY ASSOCIATION, Appellee.

Supreme Court of Nebraska.

November 25, 1960.

Attorney(s) appearing for the Case

Wm. S. Padley, Gothenburg, for appellant.

Schroeder & Schroeder, Curtis, for appellee.

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

SIMMONS, Chief Justice.

This is an action for injunction. The appeal presents primarily the question as to whether or not the word "city" in the first sentence of section 12-515, R.R.S.1943, includes "village." By sustaining a general demurrer to plaintiff's petition, the trial court held that it did not. Plaintiff, given leave to file an amended petition, did not do so. His action was dismissed. He appeals. We affirm the judgment of the trial court.

Plaintiff...

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