Meier v. Schmidt

This is an action on a promissory note. The defendant died after the action was commenced and plaintiff applied for an order reviving the action against the personal representative of the deceased defendant. The trial court refused to revive the action and the plaintiff appeals.

The petition shows that one Gottlieb Niemann was the owner of certain lands in Seward County, Nebraska, on and after May 1889. In 1901 he removed to Germany, his former home. Upon the entry of the United States into World War I, Niemann thereby becoming an enemy alien, the Alien Property Custodian took possession of…