Strine v. Kaufman

Lake, Ch, J.

In Strine v. Kingsbaker, ante page 52, we held that, where a judgment is rendered against a defendant on a default by a justice of the peace, he may, as a matter of right; have it set aside, as provided in sec. 1001 of the. code, Comp. Stats., 645. And in Clendenning v. Crawford, 7 Neb., 474, the same principle was recognized in the ruling, that, where a defendant fails to appear as commanded by the summons, and judgment goes against himr he cannot appeal, his remedy being the one given by this, section of the statute.

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