Real v. Hollister

This-cause came before the court and was argued at the January term, 1885. The judgment was affirmed at the succeeding July term, and the opinion of the court, by our brother Reese, published in 17 Neb., 661. At the January, 1886, term, a motion for a rehearing was made by the plaintiffs in error, and allowed by the court, and the cause thoroughly reargued.

It appears from a statement in the brief of counsel for the plaintiffs in error, that the attention of counsel was by the chief justice directed principally to the two following points:

1. The necessity of an eviction before bringing suit;…