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).