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BARKER v. WARDENS & VESTRYMEN OF ST. BARNABAS CH.

No. 34866.

106 N.W.2d 858 (1961)

171 Neb. 574

Joseph BARKER, Jr., Executor of the Estate of Elizabeth A. Barker, deceased, Appellant, v. WARDENS AND VESTRYMEN OF ST. BARNABAS CHURCH, Appellee.

Supreme Court of Nebraska.

January 6, 1961.

Attorney(s) appearing for the Case

Kennedy, Holland, DeLacy & Svoboda, J. A. C. Kennedy, Jr., Omaha, for appellant.

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

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

SIMMONS, Chief Justice.

This is an action which began in the municipal court of the city of Omaha. It resulted in a judgment for the plaintiff. Defendant appealed to the district court. Plaintiff filed his petition in the district court. Defendant moved to dismiss "for the reason that the court has no jurisdiction of the subject matter of this cause." The trial court sustained the motion and dismissed the cause without...

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