25-2178. Pleadings; when taken as true.
71 words·~1 min read·
/ne/chapter-25/25-2178A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
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).