Tyler v. Estate of McDougal

Carter, District Judge.

This case has been previously heard by the court and an opinion adopted. Tyler v. Estate of McDougal, 126 Neb. 534. Subsequently a rehearing was granted and the case is now before the court after a second hearing.

We are convinced that the law of the case as set forth in the four paragraphs of the syllabus in the former opinion is correct and it is adhered to in this opinion. However, certain parts of the opinion have been justly criticized by the attorneys for appellee and proper corrections will therefore be made.

Appellee contends that the incompetent evidence detailed…