KORTE v. BETZER

No. 40130.

236 N.W.2d 181 (1975)

194 Neb. 828

Delbert W. KORTE, Appellant, v. George BETZER, Appellee.

Supreme Court of Nebraska.

December 11, 1975.


Attorney(s) appearing for the Case

Nelson, Harding, Marchetti, Leonard & Tate, Kenneth Cobb, Scott E. Daniel, Lincoln, for appellant.

J. Arthur Curtiss, Baylor, Evnen, Baylor, Curtiss & Grimit, Lincoln, for appellee.

Heard before WHITE, C.J., BOSLAUGH, CLINTON and BRODKEY, JJ., and KUNS, Retired District Judge.


BOSLAUGH, Justice.

This is an appeal from the judgment entered upon the mandate of this court in a prior appeal.

The action was commenced in November 1971, to recover damages resulting from a 1969 automobile accident. The suit was dismissed for want of prosecution on January 28, 1974. On March 27, 1974, the order of January 28, 1974, was vacated upon condition the plaintiff pay $684.40 in fees, costs, and expenses within 30 days. The order further provided...

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