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SMITH v. SMITH

Nos. S-92-797, S-92-798.

517 N.W.2d 394 (1994)

246 Neb. 193

Iris A. SMITH, Appellant, v. Richard D. SMITH, Appellee, and Norwest Bank Nebraska, N.A., both for itself and as Trustee of the Vern W. Smith Family Trust and as Trustee of the Opal L. Smith Family Trust, Garnishee-Appellee.

Supreme Court of Nebraska.

June 24, 1994.

Attorney(s) appearing for the Case

Neil W. Schilke and Bradley E. Nick, Sidner, Svoboda, Schilke, Thomsen, Holtorf & Boggy, Fremont, for appellant.

Keith Miller and Martin P. Pelster, Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., Omaha, for garnishee-appellee.

HASTINGS, C.J., and WHITE, CAPORALE, FAHRNBRUCH, and WRIGHT, JJ.

PER CURIAM.

This opinion involves two appeals which arise from consecutive cases regarding the same matter.

In case No. S-92-798, the initial action, the plaintiff, Iris A. Smith, appeals from an order of the district court for Douglas County which held that the assets of two trusts held in favor of her former husband, Richard D. Smith, were not available for garnishment for the purpose of paying the former husband's child support arrearage. The plaintiff...

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