Burling v. Goodman
Nevada Supreme Court
Appeal from the District Court of tbe First Judicial District of tbe State of Nevada, Storey County, Hon. RiohaRjd Rising presiding. The respondent recovered judgment in tbe District Court for tbe County of Storey, against tbe appellants, and also obtained a decree of foreclosure of a mortgage and an order for tbe sale of tbe mortgaged premises.
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Appeal from the District Court of tbe First Judicial District of tbe State of Nevada, Storey County, Hon. RiohaRjd Rising presiding. The respondent recovered judgment in tbe District Court for tbe County of Storey, against tbe appellants, and also obtained a decree of foreclosure of a mortgage and an order for tbe sale of tbe mortgaged premises. Tbe judgment and decree were upon default, and tbe notes upon which this suit is brought being made payable in gold or silver coin, tbe order for tbe sale of tbe premises requires tbe property to be sold for coin. Of that part of tbe decree requiring…
1Concurrence
Opinion by
BeosNAN, J".,
full Bench concurring.
This action is brought on two promissory notes executed by Goodman & Driscoll, the appellants. The notes are made payable in gold coin, and are secured by a mortgage on real estate. They bear date August 4, 1863. No summons was issued, the defendants haying expressly waived process. The complaint was filed and served November 9,1864. The prayer of the complaint is for judgment in amount, eight thousand dollars and interest, and that the mortgaged premises may be sold to satisfy such judgment, and for such other relief, etc.
The defendants suffered…
2Cases cited1 opinion
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