Nebraska Central Building & Loan Ass'n v. Yellowstone, Inc.

This cause is now before us on motion for rehearing. The opinion heretofore adopted is reported in 140 Neb. 422, 299 N. W. 474, reference to which is made for a statement of the issues and facts involved.

In construing statutes this court must first determine whether the legislation is prohibited by the Constitution, and must then determine the intention of the legislature. The constitutionality of the controlling enactments is not here challenged, so we are concerned only in ascertaining the legislative intent. Updike v. City of Omaha, 87 Neb. 228, 127 N. W. 229.

The basic contention of the…