Summary
In Kula, after the wife appealed a divorce decree, the husband filed a motion directly with the Supreme Court seeking an order requiring the wife to surrender possession of a dwelling in accordance with the divorce decree.
Summary of this case from Kricsfeld v. KricsfeldOpinion
No. 36469.
Filed November 18, 1966.
Appeal from the district court for Nance County: NORRIS CHADDERDON, Judge. On motion for order requiring surrender of property. Motion denied.
Kelley, Grant Costello, for appellant.
Lathrop Albracht, for appellee.
Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and BOYLES, District Judge.
The defendant and appellee has filed a motion in this court for an order requiring the plaintiff and appellant to surrender possession of a dwelling in accordance with the final decree of the district court in a divorce action. Although the case is now pending on appeal in this court, no supersedeas was filed. The appeal, therefore, does not operate as a stay of proceedings. The district court has jurisdiction and may enforce the award as in the case of any other nonsuperseded judgment. See Hall v. Hall, 176 Neb. 555, 126 N.W.2d 839. The motion is therefore denied.
MOTION DENIED.