Papillion Times Printing Co. v. Sarpy County

Our former opinion in this case will be found in 85 Neb. 397, where the facts are correctly stated. The appellant has filed a motion for a rehearing and argument has been had thereon. It is conceded that the general rule as to the effect of filing an amended pleading announced in our opinion is correct, but appellant strenuously contends that this case comes within what may be considered an exception to that rule.

In support of this contention, our attention is first directed to the case of Hagely v. Hagely, 68 Cal. 348. That was an action in ejectment, and the defendant pleaded two separate…