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FIRST NAT. BANK & TR. OF N. PLATTE v. LEHL

No. 83-551.

345 N.W.2d 25 (1984)

216 Neb. 704

The FIRST NATIONAL BANK AND TRUST COMPANY OF NORTH PLATTE, a national banking corporation, Appellee, v. Garnet I. LEHL, Appellant, Nebraska Western Service Co., Inc., a corporation, et al., Appellees.

Supreme Court of Nebraska.

March 2, 1984.

Attorney(s) appearing for the Case

Patrick B. Hays, North Platte, for appellant.

Donald E. Girard of Girard and Gale, North Platte, for appellee Bank.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an appeal from a judgment of foreclosure and subsequent sale of mortgaged real estate.

Appellant urges two errors on appeal: The court erred in (1) refusing to allow an answer to be filed out of time, and (2) in confirming the sale. We affirm.

There is no bill of exceptions. Assuming that the court abused its discretion in refusing to allow the appellant to file an answer out of time (a questionable assumption, since the tendered...

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