Light v. Ash

I respectfully dissent from that part of the supplemental opinion which, overrules Kiser v. Sullivan, 106 Neb. 454, 184 N. W. 93. In my judgment it has ignored *630the development of our law starting in 1879 with interpretation of the Code of Civil Procedure of 1866 and continuing with the adoption of the present act in 1883.

Section 25-1202, R. R. S. 1943, was enacted in 1883 and has never been changed. Previous to that time there was a more restrictive statute which read: “* * * nor shall any person, having a direct legal interest in the result of any civil cause or proceeding, be a competent…