(Download) "John Schendt v. John L. Dewey" by Supreme Court of Nebraska " eBook PDF Kindle ePub Free
eBook details
- Title: John Schendt v. John L. Dewey
- Author : Supreme Court of Nebraska
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Cindy Schendt filed a personal injury action against Dr. John L. Dewey, alleging negligence and fraudulent concealment. Dewey
demurred, alleging that the claim was barred by the statute of limitations. The district court sustained the demurrer and
dismissed the action. Schendt appeals. Under our authority to regulate the caseloads of the appellate courts of this state,
we removed the matter to this court. When considering a demurrer to a petition, a court must assume the pleaded facts, as opposed to legal Conclusions, are true
as alleged and must give the petition the benefit of any reasonable inference arising from the facts alleged; however, a court
cannot assume the existence of a fact not alleged, make factual findings to aid the pleading, or consider evidence which might
be adduced at trial. Hoiengs v. County of Adams, 245 Neb. 877, 516 N.W.2d 223 (1994).