Hale v. Bender
Nebraska Supreme Court
Error to the district court for Madison county. Tried below before Barnes, J. cited Blair v. West Point Mfg. Co., 7 Neb., 146. Mills v. Miller, 3 Neb., 95. Burbank v. Bilis, 7 Neb., 156. cited Orr 'o. Seaton, 1 Neb., 107. Mulhollan v. Seoggin, 8 Neb., 202. Hardy v. Miller, 11 Neb., 395.
1Opinion of the CourtMaxwell, J.
The defendant in error brought an action in the district court of Madison county to recover from the plaintiff in error the value of a yoke of oxen. At the May term, 1881, of said court a default was entered against the defendant in the court below. At the November term of said court, he filed a motion, supported by an affidavit, to have the default set aside. The motion was overruled, and that is the error complained of in this court.
No answer to the petition was submitted to the court on the motion to open the default, but a motion, supported by an affidavit, in which it is stated that the…
2Cited by3 opinions
- Barney v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1946
- Steele v. HaynesNebraska Supreme Court · 1886
- Sang v. LeeNebraska Supreme Court · 1886