WILSON v. SMITH

No. 39690.

227 N.W.2d 597 (1975)

193 Neb. 433

Betty WILSON, formerly Betty Modlin and Ervin Modlin, Appellants, v. Blanche SMITH et al., Appellees.

Supreme Court of Nebraska.

April 3, 1975.


Attorney(s) appearing for the Case

Don A. Fitch, South Sioux City, for appellants.

Neil R. McCluhan, Kindig, Beebe, McCluhan, Rawlings & Nieland, Paul J. Yaneff, Yaneff & Cosgrove, Sioux City, Iowa, for appellees.

Heard before SPENCER, NEWTON, CLINTON and BRODKEY, JJ., and WARREN, District Judge.


WARREN, District Judge.

This is an appeal by plaintiffs Betty Wilson and Ervin Modlin from an order of the District Court sustaining the special appearance of the nonresident defendants Blanche Smith, Warren Vavra, and Linda Vavra.

The facts are not in dispute. Plaintiffs filed this action on July 10, 1973, alleging damages arising out of a one car accident in rural Thurston County on July 15, 1969, and requested substituted service on the Secretary of State...

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