Prezeau v. Spooner
Nevada Supreme Court
Appeal front the District Court, Ormsby county; Mon. Richard Rising, District Judge. The facts art' embodied in the opinion. Section 8048, den. Slats. Nevada, says there shall be inserted in the summons a notice in substance, as follows: “First — Tn an action arising on contract for the recovery only of money or damages that the plaintiff will take judgment for a sum specified therein if the defendant fail to answer the complaint.
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Appeal front the District Court, Ormsby county; Mon. Richard Rising, District Judge. The facts art' embodied in the opinion. Section 8048, den. Slats. Nevada, says there shall be inserted in the summons a notice in substance, as follows: “First — Tn an action arising on contract for the recovery only of money or damages that the plaintiff will take judgment for a sum specified therein if the defendant fail to answer the complaint. Second — In other actions that if the defendant fail to answer the complaint the plaintiff will apply to the court for the relief demanded therein.” A glance at the…
1Opinion of the Court
By the Court,
Bigelow, J.:
Appeal from a judgment by default.
The only point involved is the sufficiency of the summons, which was duly served upon the defendant in the county where the action was pending, together with a copy of the complaint. It was stated in the summons that the action was brought to obtain a judgment against the defendant for the sum of $5,000, balance due upon a promissory note, describing it, and $1,000 upon an unpaid check drawn by defendant; and this statement was followed by' the following notification: “And you are hereby notified that if you fail to answer the…
2Cases cited1 opinion
- Higley v. PollockNevada Supreme Court · 1891
3Cited by2 opinions
- Brown v. DunnNevada Supreme Court · 1912
- Sage Investment Co. v. HaleySupreme Court of Colorado · 1915