Baumann v. Nevada Colony Corp.
Nevada Supreme Court
Appeal from the Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. Action by A. Baumann and wife against the Nevada Colony Corporation. From an order denying defendant’s motion to vacate the default and judgment entered against it, defendant appeals.
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Appeal from the Eighth Judicial District Court, Churchill County; T. C. Hart, Judge. Action by A. Baumann and wife against the Nevada Colony Corporation. From an order denying defendant’s motion to vacate the default and judgment entered against it, defendant appeals. The default and judgment were permitted to be entered because of the excusable neglect and inadvertence of the appellant, and it was error of law and an abuse of the discretion of the court under the circumstances to refuse to open such default. “Where there is any doubt as to whether or not the relief should be granted, that…
1Opinion of the Court
By the Court,
Ducker, J.:
On the 18th day of May, 1918, plaintiffs commenced an action in the district court in Churchill County against the Nevada Colony Corporation, a corporation. The complaint was twice amended, and on the 3d day of April, 1919, the court made and entered an order overruling a demurrer in the second amended complaint and gave the corporation fifteen days in which to answer.
On the 18th day of April, a stipulation signed by the attorneys for the respective parties was filed extending the time to answer to April 25, 1919.
On the 6th day of June, 1919, no answer having been…
2Cases cited3 opinions
- Horton v. New Pass Gold & Silver Mining Co.Nevada Supreme Court · 1891
- Esden v. MayNevada Supreme Court · 1913
- Stretch v. Montezuma Mining Co.Nevada Supreme Court · 1906
3Cited by5 opinions
- Hotel Last Frontier Corp. v. Frontier Properties, Inc.Nevada Supreme Court · 1963
- Yochum v. DavisNevada Supreme Court · 1982
- Bryant v. GibbsNevada Supreme Court · 1952
- Lentz v. BolesNevada Supreme Court · 1968
- Cicerchia v. CicerchiaNevada Supreme Court · 1961