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CALDWELL v. WELLS

No. 35240.

117 N.W.2d 486 (1962)

174 Neb. 288

R. T. CALDWELL, Appellee, v. James R. WELLS, Appellant.

Supreme Court of Nebraska.

October 26, 1962.

Attorney(s) appearing for the Case

Young, Denenberg & Mullery, Omaha, for appellant.

Leslie D. Carter, Omaha, for appellee.

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

MESSMORE, Justice.

This is an action at law brought in the municipal court of Omaha by R. T. Caldwell as plaintiff, against James R. Wells, defendant, on a promissory note to recover the amount of $1,177.03, and costs. The defendant prevailed in the municipal court. The case was appealed to the district court for Douglas County by the plaintiff. The plaintiff's petition in the district court alleged that on September 28, 1959, the defendant did execute and deliver...

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