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163 Neb. 543

Storm v. Malchow

Nebraska Supreme Court

Decided January 18, 1957

Nebraska Supreme Court · decided 1957-01-18

Cited by 2 later decisions — most recently February 1959

2 state decisions

Relies on Storm v. Malchow

Good law ✅— No negative treatment on recordhow we know

Decided 1957-01-18

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Carter, J.

¶1Plaintiff brought this action in the district court for Saunders County against the defendant Ben Malchow and the defendant R. LaVonne Cluck as the administratrix of the estate of Millard F. Cluck, Jr., deceased, for damages for personal injuries arising out of an automobile accident which occurred in Saunders County. The defendant administratrix demurred to the petition on the ground, among others, that the court had no jurisdiction of the subject of the action. The trial court sustained the demurrer as to the defendant administratrix and dismissed the action as to her. The plaintiff appeals.

¶2The facts in the present case are identical with those alleged in Arthur Storm v. Malchow, ante p. 541, 80 N. W. 2d 477, released herewith. The legal question raised by the demurrer of the administratrix is the same as that raised and decided in that case. The conclusion to be reached in this case is necessarily the same. For the reasons stated in Storm v. Malchow, supra, the judgment of the district court is affirmed.

¶3Affirmed.

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