GIBBS v. JOHNS

No. 36979.

163 N.W.2d 110 (1968)

183 Neb. 618

William E. GIBBS, Appellee, v. Larry C. JOHNS, Director of the Department of Motor Vehicles of the State of Nebraska, Appellant.

Supreme Court of Nebraska.

December 6, 1968.


Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellant.

Vincent J. Kirby, Norfolk, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and SCHMIDT, District Judge.


BOSLAUGH, Justice.

The plaintiff's license to operate a motor vehicle was revoked by the Director of Motor Vehicles after notice and hearing under the Implied Consent Act. S. 39-727.09, R.R.S.1943. The plaintiff perfected an appeal to the district court and filed a petition alleging that the action of the director was "arbitrary and contrary to law" and, therefore, void.

The defendant director filed a general denial, and at the trial objected to the introduction...

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