HASEMANN v. HASEMANN

No. 38494.

203 N.W.2d 100 (1972)

189 Neb. 431

Marvin HASEMANN, Executor, Estate of Fred H. Hasemann, Deceased, Appellant, v. Fred J. R. HASEMANN, Appellee.

Supreme Court of Nebraska.

December 20, 1972.


Attorney(s) appearing for the Case

H. E. Hurt, Jr., Scribner, for appellant.

Moodie & Moodie, West Point, for appellee.

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


SMITH, Justice.

Plaintiff as executor sought to recover money that the deceased had lent defendant. After conclusion of all the evidence in a trial without a jury the court dismissed the claim. On appeal the questions are related to the weight of the evidence and the dead man's statute.

Marvin, defendant, and Verlin survived their father, who died August 2, 1969. After appointment of plaintiff as executor of the estate on September 8, the three brothers opened...

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