Rieger v. Schaible

This is the third time this case has been before us for consideration. The result of our deliberations on the first two occasions will be found in 81 Neb. 33, 58. After the case was remanded the district court evidently proceeded upon the theory that the law of the case was settled by the two opinions just referred to. In this the district court was right. Leavitt v. Bell, 59 Neb. 595. Upon the trial the court called a jury to determine the questions of fact in controversy. The case was submitted to the jury upon instructions which are not excepted to by any of the parties. Two special…