Rhodes v. Continental Insurance Company

We affirmed judgments for the defendants in an opinion appearing at ante p. 10, 141 N. W. 2d 415. In that opinion we refused to consider the unconstitutionality of section 44-501, R. R. S. 1943, because the record did not indicate the issue was raised in the district court. On rehearing herein, the plaintiff contended that the issue had been raised in the district court. The indication now is that the plaintiff orally raised it in his argument on the defendants’ demurrers. Consequently, it is not reflected in any way by the pleadings or the record herein.

The issue of the statute of…