Nemetz v. Nemetz

This is the second appeal in this case. In the original action the trial court decreed that plaintiff and defendant were owners of the real estate involved as joint tenants with right of survivorship. We .affirmed the judgment in Nemetz v. Nemetz, 147 Neb. 187, 22 N. W. 2d 619. The mandate of this court was filed in the district court on June 18, 1946, during the May 1946 term.

Thereafter on August 22, 1946, plaintiff filed a motion to tax costs and for judgment against the defendant and surety for use and occupancy of the premises. The matter was heard and taken under advisement on August 29,…