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PRESSEY v. STATE

No. 35123.

114 N.W.2d 518 (1962)

173 Neb. 652

Edwin C. PRESSEY et al., Appellants, v. The STATE of Nebraska, The State of Nebraska Game, Forestation and Parks Commission and Paul L. Gilbert, Appellees.

Supreme Court of Nebraska.

April 13, 1962.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy, Morgan, Pederson & Piccolo, North Platte, for appellants.

Clarence A. H. Meyer, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., Lincoln, John H. Evans, A. Paul Johnson, Broken Bow, for appellees.

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

SPENCER, Justice.

This is an action to quiet title. No issues of fact were tried in the district court. Plaintiffs filed a motion for summary judgment which was overruled on December 8, 1960. On April 18, 1961, the trial court entered an order for a pre-trial conference to be held May 10, 1961. Plaintiffs failed to appear and the court dismissed the action on May 17, 1961, for want of prosecution. A motion for a new trial was overruled and plaintiffs perfected this...

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