Plischke v. Jameson

This is an appeal from the judgment of the district court entered on the mandate of this court after an appeal from an earlier judgment of the district court. The prior appeal is reported in 180 Neb. 803, 146 N. W. 2d 223. The defendant is now deceased and the executors of his estate have been substituted as the defendants in the action.

The defendants contend that the judgment on the mandate fails to conform to the mandate. It is fundamental that the district court must obey and perform the mandate of this court. Jungman v. Coolidge, 158 Neb. 504, 63 N. W. 2d 519.

The mandate made the opinion…