WEINER v. STATE, DEPARTMENT OF ROADS

No. 35957.

137 N.W.2d 852 (1965)

179 Neb. 297

Louis WEINER et al., Appellants, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee.

Supreme Court of Nebraska.

November 12, 1965.


Attorney(s) appearing for the Case

Alfred A. Fiedler, Omaha, for appellants.

Clarence A. H. Meyer, Atty. Gen., Harold Salter, Asst. Atty. Gen., Warren D. Lichty, Jr., George W. Venteicher, Sp. Asst. Attys. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

The sole question involved herein is the propriety of the dismissal of appellants' appeal from a condemnation award. The district court dismissed the appeal for lack of jurisdiction for the reason that notice of appeal was not filed within the statutory time.

The board of appraisers filed its return April 18, 1963. It is undisputed no written notice was given to appellants of its filing. Appellant Louis Weiner and appellants' attorney had...

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