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SIMMONS v. LINCOLN

No. 35523.

125 N.W.2d 63 (1963)

176 Neb. 71

Katherine SIMMONS, Appellant, v. Norman LINCOLN, d/b/a Midtown Motors, Appellee.

Supreme Court of Nebraska.

December 6, 1963.

Attorney(s) appearing for the Case

Matthews, Kelley & Cannon, Omaha, for appellant.

Wear, Boland, Mullin & Walsh, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEARGER, SPENCER, BOSLAUGH, and BROWER, JJ.

SPENCER, Justice.

This is an appeal from an order sustaining an alleged special appearance to a motion to vacate an order overruling a motion for a new trial.

Katherine Simmons, hereinafter referred to as plaintiff, filed an action against Norman Lincoln, doing business as Midtown Motors, hereinafter referred to as defendant, seeking damages for the conversion of an automobile. A jury was waived and trial was had to the court which, after plaintiff rested...

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