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MOACKLER v. FINLEY

No. 42962.

299 N.W.2d 166 (1980)

207 Neb. 353

John R. MOACKLER, Jr., Appellant, v. Phillip D. FINLEY, Appellee, Great Plains Insurance Co., Inc., Garnishee.

Supreme Court of Nebraska.

December 1, 1980.

Attorney(s) appearing for the Case

Nelson & Harding and Richard S. Reiser and Pamela K. Black, Omaha, for appellant.

Michael F. Kinney of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellee.

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

HASTINGS, Justice.

The plaintiff, John R. Moackler, has appealed from an order of the District Court for Douglas County, Nebraska, setting aside and vacating a default judgment which had been entered against the defendant, Phillip D. Finley, in the amount of $15,000 plus costs. The plaintiff assigns as error that the District Court abused its discretion when it set aside the judgment after the expiration of the term of court in which the judgment was rendered. For...

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