Gulling v. Washoe County Bank
Nevada Supreme Court
On rehearing. I. No question of constructive service or of the default is presented. The court had jurisdiction of the subject-matter, to wit, the right of Martin Gulling to have his mortgage foreclosed, and it also had jurisdiction of the persons, to wit, the Washoe County Bank and of Martin Gulling. They both had appeared in the action. There was no direct proof showing whether the bank’s answer, had or had not been served upon Gulling.
Read the full summary
On rehearing. I. No question of constructive service or of the default is presented. The court had jurisdiction of the subject-matter, to wit, the right of Martin Gulling to have his mortgage foreclosed, and it also had jurisdiction of the persons, to wit, the Washoe County Bank and of Martin Gulling. They both had appeared in the action. There was no direct proof showing whether the bank’s answer, had or had not been served upon Gulling. There is no. rule of law or practice of the courts which makes proof of such service any part of the record. The record is silent upon that question. The…
1DissentTalbot, J.
In the suit of the Farmers’ and Mechanics’ Bank of Sacramento, brought in the district court' at B,eno against the Pollocks and Powell to foreclose its trust deed on property in Washoe County, the parties hereto and others were made defendants under the usual general allegation that they claimed or had some interest in the property which was subject and subsequent to the trust deed. Gulling promptly, and before the sale by the trustees in California, answered the complaint in that action, and admitted the execution and priority of the trust deed, and claimed a second lien against the property…
2Cases cited42 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Concannon v. SmithCalifornia Supreme Court · 1901
- Garwood v. GarwoodCalifornia Supreme Court · 1866
- Doty v. . BrownNew York Court of Appeals · 1850
- Bailey v. . RyderNew York Court of Appeals · 1852
37 more not listed; retrieve them via the Exa API.