Public-domain · open source
OpenJurist

146 Neb. 461

Metschke v. Metschke

Nebraska Supreme Court

Decided October 19, 1945

Nebraska Supreme Court · decided 1945-10-19

Good law ✅— No negative treatment on recordhow we know

Decided 1945-10-19

How this case has been cited

Cited by 19 later decisions — most recently May 1980

19 state decisions

6019451950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*465The following opinion on motion for rehearing was filed November 23, 1945: Former opinion modified and.motion for rehearing denied.

PAINE, J.

¶2The original opinion in this case will be found, ante p. 461, 20 N. W. 2d 238, and to that opinion this is supplemental.

¶3There is complaint in the motion and brief for rehearing that the award of alimony is indefinite and uncertain.

¶4The original decree in the lower court gave the plaintiff $8,000, payable in $300 semiannual payments. That award was set aside by this court, and in place thereof the plaintiff was awarded the 80-acre tract of land described in the pleadings and lying in the west half (WV2) of the northwest quarter (NW14) °f section 26, and the sum of $2,000, payable at the rate of $500 a year. The first payment of $500 shal.1 be due and payable when judgment is entered on our mandate, and the others annually thereafter on the same date. All of said amounts are to draw interest at four per cent annually from the date of the entry of the original decree of divorce by the lower court until the same are paid, and are to be a lien on the 120-acre tract given to the defendant. We also allowed a fee of $350 to plaintiff’s attorney for his services in this court, to be taxed as part of the costs.

¶5The award of specific items of personal property, including the sum of $144.80 awarded plaintiff, as made by the trial court, together with all other provisions of the decree of the lower court not specifically modified, is affirmed. The motion for a rehearing is hereby denied.

¶6Affirmed as modified.

/146/neb/461 · .json · Public domain