O'Hara v. Davis

If, as I am satisfied, the question of jurisdiction was ,not passed upon, or défendant concluded on this point by the former decision, the majority opinion is in direct conflict with the following decisions, and overrules them .without mentioning them: Hurlburt v. Palmer, 39 Neb. 158; Kyd v. Exchange Bank, 56 Neb. 557; Baker v. Union Stock Yards Nat. Bank, 63 Neb. 801; Templin v. Kimsey, 74 Neb. 614; Stelling v. Peddicord, 78 Neb. 779.

In these cases it is held that a defendant may plead that he is privileged from suit in the county where the .action is brought, without thereby making a…