Gibbs v. Johns

The plaintiff’s license to operate a motor vehicle was revoked by the Director of Motor Vehicles after notice and hearing under the Implied Consent Act. § 39-727.09, R. R. S. 1943. The plaintiff perfected an appeal to the district court and filed a petition alleging that the action of the director was “arbitrary and contrary to law” and, therefore, void.

The defendant director filed a general denial, and at the trial objected to the introduction of any evidence on the ground that the petition failed to state a cause of action. The objection was overruled and the trial proceeded. The plaintiff…