Mulhollan v. Scoggin
Nebraska Supreme Court
Error from tbe Lancaster county district court, being brought there by appeal from justice’s court. Scoggin obtained judgment by default. Mulhollan moved to set aside default and judgment. Motion denied, and he brought the cause up by petition in error. contended that defendant in error not having complied with orders of the court requiring him to attach exhibits to the petition, that Mulhollan would have until the next regular answer day to file answer. G-en..
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Error from tbe Lancaster county district court, being brought there by appeal from justice’s court. Scoggin obtained judgment by default. Mulhollan moved to set aside default and judgment. Motion denied, and he brought the cause up by petition in error. contended that defendant in error not having complied with orders of the court requiring him to attach exhibits to the petition, that Mulhollan would have until the next regular answer day to file answer. G-en.. Stat.,'546, Sec. 142. Rules of court No. 20 and 21. Horn v. Queen, 5 Neb., 108. Defendant may refuse to answer until plaintiff…
1Opinion of the CourtLake, J.
There is no error shown in this record. The grounds upon which the judgment is sought to be reversed are:
Erst. The refusal of the court to set aside the'judgment and default entered against the plaintiff in error, to enable him to file his answer to the petition.
Second. Because of alleged irregularities in previous orders of the court relative to itemizing the account on which the action was brought.
The record shows that the default was regularly entered three days after the time taken by the plaintiff in error to file his answer. Being thus in default, it was largely within the discretion of…
2Cited by10 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Barney v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1946
- Lichtenberger v. WormNebraska Supreme Court · 1894
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893
- Steele v. HaynesNebraska Supreme Court · 1886
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