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CONNER v. SOUTHERN

No. 37577.

181 N.W.2d 446 (1970)

186 Neb. 164

Clifford E. CONNER, Appellant, v. Donovan E. SOUTHERN and W. J. Smith, Appellees.

Supreme Court of Nebraska.

December 4, 1970.

Attorney(s) appearing for the Case

Dan J. Whiteside, Omaha, for appellant.

Cronin & Shamberg, Grand Island, for appellees.

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

BOSLAUGH, Justice.

The plaintiff appeals from an order dismissing the action after the special appearance of Donovan E. Southern, the defendant, had been sustained. No summons was ever served upon W. J. Smith. A prior appeal from the order sustaining the special appearance was dismissed upon the motion of the defendant.

The petition filed in the district court for Hall County, Nebraska, alleged that the plaintiff was a resident of Nebraska; that the defendants...

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