Kidd v. Four-Twenty Mining Co.
Nevada Supreme Court
Appeal from a judgment rendered by default in the District Court of the First Judicial District, Storey County. The facts are stated in the opinion of the Court. The summons is too uncertain to support the judgment. It requires the defendant to appear within forty days — then says default will be taken, if it does not appear within twenty days, and judgment is entered on the twenty-second day after service.
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Appeal from a judgment rendered by default in the District Court of the First Judicial District, Storey County. The facts are stated in the opinion of the Court. The summons is too uncertain to support the judgment. It requires the defendant to appear within forty days — then says default will be taken, if it does not appear within twenty days, and judgment is entered on the twenty-second day after service. The summons is further defective in not stating the amount for which judgment will be entered.
1Opinion of the Court
Opinion by
Beatty, O. J., Johnson, J.,
concurring.
In this case a judgment was taken against the defendant by default, from which it appeals, and the principal question is as to the regularity of the default.
The default was founded on the following. summons and service thereof, and was taken June 16th, 1866 :
“ You are hereby required to appear in an action brought against you by the above-named plaintiff, in the District Court of the First Judicial District of the State of Nevada, in and for the County of Storey, and answer the complaint filed therein within ten days (exclusive of the day of…
2Cases cited6 opinions
- Paul v. ArmstrongNevada Supreme Court · 1865
- Dorente v. SullivanCalifornia Supreme Court · 1857
- Joyce v. JoyceCalifornia Supreme Court · 1855
- Shaw v. McGregorCalifornia Supreme Court · 1857
- Stevens v. RossCalifornia Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
- Martin v. District Court of the First DistrictNevada Supreme Court · 1878
- Klepper v. KlepperNevada Supreme Court · 1928
- Flannery v. AndersonNevada Supreme Court · 1868
- Italian-Swiss Agricultural Colony v. BartagnolliWyoming Supreme Court · 1900