MARSH v. MARSH

No. 35058.

114 N.W.2d 379 (1962)

173 Neb. 617

Harvey E. MARSH, individually and as Executor of the Estate of Alfred E. Marsh, Deceased, Appellant, v. Dora MARSH, etc., Appellees, Impleaded with Clark LeRoy Marsh and Douglas Harvey Marsh, minor defendants, Appellants.

Supreme Court of Nebraska.

April 6, 1962.


Attorney(s) appearing for the Case

Beatty, Clarke, Murphy, Morgan, Pederson & Piccolo, North Platte, F. L. Balderson, Lowell C. Davis, Sidney, for appellants.

Clinton & McNish, Sidney, for appellees.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


YEAGER, Justice.

In our opinion previously issued in this case we directed that the judgment or judgments of the district court be reversed and the cause remanded with directions to dismiss the entire action without prejudice to a new action. Since the release of that opinion a supplemental transcript has been filed in this court showing that service of process was had on all parties having an interest in the litigation.

In a motion for rehearing appellee...

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