Jones v. Null
Nebraska Supreme Court
Error to Gage county district court. The actipn there was to foreclose a mortgage .executed by Samuel Jones to William Null. Rebecca Jones was the wife, and the other defendants were heirs of Samuel,'.who had died before the commencement of the action.
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Error to Gage county district court. The actipn there was to foreclose a mortgage .executed by Samuel Jones to William Null. Rebecca Jones was the wife, and the other defendants were heirs of Samuel,'.who had died before the commencement of the action. The case came to this court, upon demurrer to the petition, at the January term, 1877, and is reported 5 Neb., 500. Having been remanded to the district court and tried upon issues joined, a decree was rendered by Weaver, J., in favor of Null, which Rebecca and the other defendants seek to reverse by their petition in error. 1. The district…
1Opinion of the Court
Maxwell, Ch. J.
The errors assigned in this case are:
First. That the court had not jurisdiction of the subject of the action.
Second. That the facts set forth in plaintiff’s petition are not sufficient to constitute a cause of action.
Third. That the record does not show that any of the parties to the action appeared, personally or by *59attorney, on the day of the rendition of the judgment.
Fourth. That it appears from the record that Jane Poole and Sarah Ann Drew were each in default of an answer, and that no default was taken against them.
Fifth. That the amount found due purports to have been so…
2Cases cited1 opinion
- Null v. JonesNebraska Supreme Court · 1877
3Cited by5 opinions
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- Crawford State Bank v. McEwenNebraska Supreme Court · 1937
- Schade v. ConnorNebraska Supreme Court · 1909
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- Grand Lodge of the Ancient Order of United Workmen v. WahlinNorth Dakota Supreme Court · 1931