Pope v. Hooper
Nebraska Supreme Court
Error to the district court for Dodge county. Tried below before Post, J., who rendered judgment in favor of the defendants in error setting aside and vacating a former decree against them in said court at the October term, 1875. The decree thus vacated was rendered in an action begun September 14, 1875, summons in which was made returnable “by the eighteenth day of October, A.D. 1875,” default taken, and decree entered October 20 1875. cited Bank of TJ. 8. v. Moss, 6 How.,…
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Error to the district court for Dodge county. Tried below before Post, J., who rendered judgment in favor of the defendants in error setting aside and vacating a former decree against them in said court at the October term, 1875. The decree thus vacated was rendered in an action begun September 14, 1875, summons in which was made returnable “by the eighteenth day of October, A.D. 1875,” default taken, and decree entered October 20 1875. cited Bank of TJ. 8. v. Moss, 6 How., 31. Green v. Hamilton, 16 Md., 317. Stanclift v. Horton, 11 Kan., 222. Crane v. Ward, Clarke’s Ch., 393. Covington…
1Opinion of the CourtGantt, J.
This action was commenced by petition in equity in the district court by defendant in error to vacate a decree of foreclosure and order of sale rendered at the October Term, 1875, of said court. The grounds alleged for vacating the decree are in substance as follows^ That, the decree included the entire amount of the debt secured by the notes and mortgage, though only a part of the, same was then due; that the decree was taken for more than the whole amount of such debt, and for too much interest; that defendant, Elizabeth Hooper, was a married woman, and the summons was irregularly issued.…
2Cases cited12 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Noyes v. ClarkNew York Court of Chancery · 1838
- Green v. HamiltonCourt of Appeals of Maryland · 1860
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3Cited by15 opinions
- Stafford v. . GallopsSupreme Court of North Carolina · 1898
- Lowenstein v. PhelanNebraska Supreme Court · 1885
- City of Chadron v. GloverNebraska Supreme Court · 1895
- Coad v. Home Cattle Co.Nebraska Supreme Court · 1891
- Omaha Horse Railway Co. v. DoolittleNebraska Supreme Court · 1878
10 more not listed; retrieve them via the Exa API.