Nebraska Supreme Court, 1970

Ranch & Farm Lines, Inc. v. Dressman

Ranch & Farm Lines, Inc. v. Dressman
Nebraska Supreme Court · Decided March 13, 1970 · White, Carter, Spencer, Boslaugh, Smith, McCown, Newton
175 N.W.2d 299; 185 Neb. 328; 1970 Neb. LEXIS 543 (North Western Reporter, Second Series)

Ranch & Farm Lines, Inc. v. Dressman

Opinion

*329 McCown, J.

We dismiss this appeal for lack of an appealable order. The district court sustained, a special appearance by defendant, an individual resident of Kansas. Objections to personal jurisdiction were directed at the invalidity of issuance, service, and return of summons.

An order sustaining an objection to personal jurisdiction is not final within the meaning of section 25-1902, R. R. S. 1943. See, Erdman v. National Indemnity Co., 178 Neb. 312, 133 N. W. 2d 472; Busboom v. Gregory, 179 Neb. 254, 137 N. W. 2d 825. This action has. not terminated. Plaintiff has the procedural choices pointed out in Busboom v. Gregory, supra.

Plaintiff’s appeal from the order sustaining defendant’s special appearance should be, and hereby is, dismissed at plaintiff’s costs.

Appeal dismissed.

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