Leake v. Gallogly
Nebraska Supreme Court
Error to the district court for Merrick county. Tried below before Post, J. cited: Cobbey v. Wright, 23 Neb., 255; Tootle, Hosea & Co. v. Jones, 19 Id., 588; Fox v. Meacham, 6 Id., 535. cited: Degering v. Flick, 14 Neb., 449; Strine v. Kaufman, 12 Id., 423; Tootle, Hosea & Co. v. Jones, 19 Id., 589.
1Opinion of the CourtNorval, J.
This action was commenced before H. B. Hatch, a justice of the peace of Merrick county, by J. J. Gallogly against plaintiffs in error, to recover the sum of $133.90. Judgment was rendered against the defendants below in their absence. Two days later they filed a motion with the justice, under the provisions of section 1001 of the Code of Civil Procedure, to set the judgment aside, upon the ground that the same was rendered in their absence, which application was overruled; thereupon the defendants prosecuted a petition in error to the district court, where the judgment was affirmed.
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2Cases cited1 opinion
- Crowell v. GallowayNebraska Supreme Court · 1874
3Cited by7 opinions
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- Lincoln Joint Stock Land Bank v. FullerNebraska Supreme Court · 1937
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