Dailey v. Kinsler

This is an appeal by the defendant Catherine Kinsler from a decree of the district court of Douglas county. *836Judgment was entered at the January, 1891, term affirming the decree below. (See Dailey v. Kinsler, 31 Neb., 340.) Subsequently, however, on the motion of the appellant, a rehearing was allowed. The reliance of the appellant at this time is upon two propositions, viz.:

First — That the original petition did not. state a cause of action against Feeney, her co-defendant, hence the question of title in him to the property in controversy was not concluded by the decree of the district court.

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