Legal Opinion
Murphy v. Murphy
Nebraska Supreme Court
Decided March 1, 1991No. 90-273PublishedCited by 14 opinions
1Opinion of the CourtHastings, C.J.
Defendant, Timothy J. Murphy, appeals from the overruling of his motions to stay the order of sale, to quash the writ of assistance, and to vacate the default decree of foreclosure. Although the action was brought as a strict foreclosure of a land contract, the decree amounted to one of ejectment. We affirm as modified.
The Supreme Court, in reviewing a trial court’s action in vacating or refusing to vacate a default judgment, will uphold and affirm the trial court’s action in the absence of an abuse of discretion. Starr v. King, 234 Neb. 339, 451 N.W.2d 82 (1990).
On November 28,1989,…
2Cases cited9 opinions
- State v. ZiembaNebraska Supreme Court · 1984
- State v. GolgertNebraska Supreme Court · 1986
- Johannes v. McNeil Real Estate Fund VIII, Ltd.Nebraska Supreme Court · 1987
- Swanson v. MadsenNebraska Supreme Court · 1945
- Miller v. RadtkeNebraska Supreme Court · 1988
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- David Peters, on Behalf of Himself and All Others Similarly Situated v. General Service Bureau, Inc.Court of Appeals for the Eighth Circuit · 2002
- In re Estate of RadfordNebraska Supreme Court · 2017
- Alder v. FIRST NAT. BANK AND TRUST CO.Nebraska Supreme Court · 1992
- Foster v. FosterNebraska Supreme Court · 2003
- City of Lincoln v. Nebraska Public Power DistrictNebraska Court of Appeals · 2000
9 more not listed; retrieve them via the Exa API.