Nebraska § 25-2178 Pleadings; when taken as true

Nebraska Statutes

§ 25-2178 — Pleadings; when taken as true

Nebraska·Ch. 25 Courts; Civil Procedure

If the statements in the complaint are not denied in the answer or contradicted by the documentary proof exhibited, they shall be taken as true.

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Legislative History

Source: R.S.1867, Code § 810, p. 539; R.S.1913, § 8293; C.S.1922, § 9246; C.S.1929, § 20-2178; R.S.1943, § 25-2178; Laws 2002, LB 876, § 43. Annotations: Uncontroverted statements in petition and answer will be taken as true. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962). Court should first enter judgment confirming shares before determining whether or not partition is practicable. Burke v. Cunningham, 42 Neb. 645, 60 N.W. 903 (1894).