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SWICK v. COSLOR

No. 40123.

235 N.W.2d 639 (1975)

194 Neb. 781

Oscar SWICK, Administrator of the Estate of Kevin Oscar Swick, Deceased, Appellant, v. Gerald COSLOR, Appellee.

Supreme Court of Nebraska.

December 4, 1975.

Attorney(s) appearing for the Case

Padley & Dudden, P.C., Ogallala, for appellant.

Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, Dale A. Romatzke, North Platte, for appellee.

Heard before SPENCER, McCOWN and NEWTON, JJ., and COLWELL and IRONS, District Judges.

IRONS, District Judge.

The plaintiff filed his petition in the District Court for Custer County, Nebraska, praying among other things general damages in a dollar amount of $100,000 and caused the summons to be issued with an endorsement including the $100,000 figure for recovery of general damages if the defendant defaulted.

There is no dispute that the summons was issued and served upon the defendant.

The defendant filed a special appearance for the...

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