W. V. Morse & Co. v. Engle
Nebraska Supreme Court
Appeal from the district court for Hamilton county. Heard below before Norval, J. contended, inter alia: Courts of equity, even in the absence of a statute, will vacate a judgment on account of unavoidable casualty, etc. (Horn v. Queen, 4 Neb., 108 ; Douglas Co. v. Connell,15 Id., 617; Thompson v. Sharp, 17 Id., 71; Dringer v. Receiver, 8 Atl. Rep. [N. J.], 811; 2 Pomeroy, Eq.
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Appeal from the district court for Hamilton county. Heard below before Norval, J. contended, inter alia: Courts of equity, even in the absence of a statute, will vacate a judgment on account of unavoidable casualty, etc. (Horn v. Queen, 4 Neb., 108 ; Douglas Co. v. Connell,15 Id., 617; Thompson v. Sharp, 17 Id., 71; Dringer v. Receiver, 8 Atl. Rep. [N. J.], 811; 2 Pomeroy, Eq. Jur., 836.) It has never been held that a judgment obtained on personal service may not be vacated, and it is a rule that the return of an officer may be impeached for fraud. (Nieiert v. Trentmcm, 4 N. E. Rep. [Ind.],…
1Opinion of the Court
Cobb, Ch. J.
This appeal comes to this court from the judgment oí the district court of Hamilton county, upon the petition oí Catherine Engle to vacate and set aside the judgment and decree of said court theretofore rendered in a cause wherein W.V. Morse & Co. were plaintiffs and said Catherine Engle, F. J. Engle, and John Raben were defendants, and for a new trial in the said cause. For ground of such application she sets forth in her said petition substantially that the said F. J. Engle and petitioner were, and for more than twenty-one years last past had been, husband and wife, and with…
Also in this document: Concurrence.
2Cases cited1 opinion
- Pope v. HooperNebraska Supreme Court · 1877
3Cited by5 opinions
- Holliday v. BrownNebraska Supreme Court · 1892
- O'Connor v. Burns, Potter & Co.Nebraska Supreme Court · 1949
- Radzuweit v. WatkinsNebraska Supreme Court · 1898
- Murphy v. J. H. Evans City Steam Laundry Co.Nebraska Supreme Court · 1897
- Watkins v. AdamsonNebraska Supreme Court · 1925