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LYDICK v. SMITH

Nos. 41472, 41473.

266 N.W.2d 208 (1978)

201 Neb. 45

James LYDICK, Appellant, v. Ryle Lee SMITH, Appellee. Jean S. LYDICK, Appellant, v. Ryle Lee SMITH, Appellee.

Supreme Court of Nebraska.

May 24, 1978.

Attorney(s) appearing for the Case

Richard L. Swenson, Terry M. Anderson of Lathrop & Albracht, Omaha, for appellants.

Ray C. Simmons, Fremont, for appellee.

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

BRODKEY, Justice.

The issue presented in these motor vehicle negligence actions is whether plaintiffs James and Jean Lydick effectively served process upon defendant Ryle Smith, a resident of Iowa. Plaintiffs attempted to serve process upon the defendant pursuant to section 25-530, R.R.S.1943, which provides for service upon the Secretary of State of Nebraska and notice of such service to the defendant by mail. The defendant entered special appearances, objecting...

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