Legal Opinion

Sweeney v. Schultes

Nevada Supreme Court

Decided January 15, 1885No. 1195PublishedCited by 7 opinions

Appeal from the District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. The court erred in denying defendant’s motions to quash the summons. The summons is fatally defective. (4 Phill. on Ev. 213; Whitwell v. Barbier, 7 Cal. 62; Gray v. Hawes, 8 Cal. 568-9; Lyman v. Milton, 44 Cal. 632; Tuttle v. Smith, 14 How. Pr. 398; People v. Bennett, 6 Abb. Pr. 343; Luling v. Stanton, 8 Abb. Pr. 378; Cobb v. Danldn, 19 How. Pr. 164; Norton y.

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Appeal from the District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. The court erred in denying defendant’s motions to quash the summons. The summons is fatally defective. (4 Phill. on Ev. 213; Whitwell v. Barbier, 7 Cal. 62; Gray v. Hawes, 8 Cal. 568-9; Lyman v. Milton, 44 Cal. 632; Tuttle v. Smith, 14 How. Pr. 398; People v. Bennett, 6 Abb. Pr. 343; Luling v. Stanton, 8 Abb. Pr. 378; Cobb v. Danldn, 19 How. Pr. 164; Norton y. Cary, 14 Abb. Pr. 364; 23 How. Pr. 469.) The summons issued in this action is sufficient. A substantial compliance with…

1Opinion of the Court

By the Court,

Hawley, J.:

This is an action of ejectment for the recovery of certain real estate and mesne profits. The defendants were personally served with summons. They appeared specially, and separately moved the court to set aside the summons, on the ground that it did not contain the notice required by section 26 of the civil practice act. The notice in the summons reads as follows: “ And you .are hereby notified that if you fail to appear and answer the said complaint, as above required, the said plaintiff will take judgment against you * * * for the restitution of said lots and parcels…

2Cases cited7 opinions

  1. Briggs v. SneghanIndiana Supreme Court · 1873
  2. Warren v. CraneMichigan Supreme Court · 1883
  3. Odell v. CampbellOregon Supreme Court · 1881
  4. Lake v. LakeNevada Supreme Court · 1882
  5. Brown v. EatonNew York Supreme Court · 1869

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sawyer v. RobertsonMontana Supreme Court · 1892
  2. Paterson v. CondosNevada Supreme Court · 1934
  3. Hobson v. New Mexico & Arizona RailroadArizona Supreme Court · 1886
  4. López v. MeléndezSupreme Court of Puerto Rico · 1915
  5. Brown v. DunnNevada Supreme Court · 1912

2 more not listed; retrieve them via the Exa API.

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