Burnham v. Bennison

Chase, District Judge.-

This is an appeal from, the order of the trial court overruling appellants’ application to file a supplemental answer. The facts involved in this appeal are by no means new, as-this is the third time some phase of the case has been before this court for review. It was first disposed of on a question of pleading, and reversed and remanded on May 29, 1931. Burnham v. Bennison, 121 Neb. 291, 236 N. W. 745. Subsequently a trial upon the merits was had and it was again appealed to this court. On March 2, 1934, the judgment of the trial court was again reversed and the case…