BECKER v. HOBBS

No. S-97-1366.

590 N.W.2d 360 (1999)

256 Neb. 432

Stephen P. BECKER, Appellee, v. James HOBBS, Appellant.

Supreme Court of Nebraska.

March 12, 1999.


Attorney(s) appearing for the Case

Lance D. Ehmcke and Patrick L. Sealey, of Heidman, Redmond, Fredregill, Patterson, Plaza & Dykstra, L.L.P., Sioux City, for appellant.

C.J. Gatz and Ronald E. Temple, of Gatz & Fitzgerald, and John M. Thor, Norfolk, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

This appeal presents the question, May a party assert a counterclaim in which the applicable statute of limitations had run on the counterclaim at some point between the date that the plaintiff's petition was filed and the date that the counterclaim was filed? In this appeal, appellee Stephen P. Becker filed a negligence suit against appellant James Hobbs. Hobbs filed a timely answer which included a counterclaim asserting a negligence claim against Becker...

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