Nebraska Supreme Court, 1955

Peterson v. Vak

Nebraska Supreme Court · Decided July 1, 1955 · Boslaugh, Carter, Chappell, Kokjer, Simmons, Wenkk, Yeager

160 Neb. 708; 71 N.W.2d 186; 51 A.L.R. 2d 1221; 1955 Neb. LEXIS 76

Cases that cite this one

8 later published cases cite this decision.

Beren Corp. v. Spader (Neb. 1977)
Maas v. PLATTE VALLEY PUBLIC POWER AND IRR. DIST. (Neb. 1958)
Banks v. State (Neb. 1966)
Fisher v. Stuckey (Neb. 1978)
Thurman v. Trim (Kan. 1967)
Bolzer v. Hamilton (S.D. 1960)
Peterson v. Vak (Neb. 1959)
Maas v. Platte Valley Public Power & Irrigation District (Neb. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Boslaugh, J.

Appellees in a motion for rehearing contend that the opinion of this court, Peterson v. Vak, ante p. 450, 70 N. W. 2d 436, incorrectly ordered the district court “to render and enter a judgment in the cause in harmony with this opinion.”

This is an equity case. A motion of appellees for a dismissal of the case for insufficiency of the evidence of appellant was made at the conclusion of the evidence *709of appellant. The motion was by the trial court sustained and the case was dismissed. The contention of appellees in the respect above stated is correct and the words “with directions to render and enter a judgment in the cause in harmony with this opinion” should be and they are deleted from the last paragraph of the opinion. Lucas v. Lucas, 138 Neb. 252, 292 N. W. 729. There should be and there is substituted in the place of the above deleted part of the last paragraph of the opinion the following words: “for further proceedings according to law.”

Case-law data current through December 31, 2025. Source: CourtListener bulk data.