Pleadings; when taken as true.

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  2. Nebraska Revised Statutes
  3. Courts; Civil Procedure
  4. Pleadings; when taken as true.

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25-2178. Pleadings; when taken as true.

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.

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).


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