Legal Opinion

Higley v. Pollock

Nevada Supreme Court

Decided October 5, 1891No. 1341PublishedCited by 17 opinions

Appeal from tile District Court of the state of Nevada, Lander county. A. E. Cheney, District Judge. The facts sufficiently appear in the opinion. I. After an appearance, either general or special, and answer, demurrer or motion is filed, it is improper to enter default imtil after its disposition.

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Appeal from tile District Court of the state of Nevada, Lander county. A. E. Cheney, District Judge. The facts sufficiently appear in the opinion. I. After an appearance, either general or special, and answer, demurrer or motion is filed, it is improper to enter default imtil after its disposition. The legal effect of appellant’s motion to quash the summons, or notice thereof, was to put the case in such shape that appellant was entitled to be heard and the plaintiffs to no default. (Lima Chuna v. N. P. Railway Co., 2 W. C. Rep. 88.) II.The failure of the summons to state in itself the amount…

1Opinion of the Court

By the Court,

Mukphy, J.:

This action was brought by the plaintiffs to recover the sum of one thousand eight hundred dollars, alleged to be due from the defendant for work, labor and services as housekeeper rendered by Mary Jane Higley, and for two horses sold and delivered by the said Mary Jane Higley to the defendant. Summons was issued and served with a certified copy of the complaint on the defendant, by the sheriff of Lander county, in • said count}', on the 23d day of June, 1890. On the 2d day of July, 1890, the defendant, by his attorney, appeared and filed the following notice of…

2Cases cited9 opinions

  1. Bucklin v. StricklerNebraska Supreme Court · 1891
  2. Bewick v. MuirCalifornia Supreme Court · 1890
  3. Clark v. PalmerCalifornia Supreme Court · 1891
  4. Behlow v. ShorbCalifornia Supreme Court · 1891
  5. Brown v. EatonNew York Supreme Court · 1869

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Central Deep Creek Orchard Co. v. C. C. Taft Co.Idaho Supreme Court · 1921
  2. Mantle v. CaseyMontana Supreme Court · 1904
  3. Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
  4. Esden v. MayNevada Supreme Court · 1913
  5. Golden v. MurphyNevada Supreme Court · 1909

12 more not listed; retrieve them via the Exa API.

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