McCann v. McLennan
Nebraska Supreme Court
This case comes before this court upon motion of the attorney of McLennan, to set aside a judgment rendered at the July Term, 1872, in favor of McCann". The case is reported in 2 Nebraska Reports, 286. Erom tbe report of that case, and the affidavit filed in support of this motion, it appears that the action in the district conrt, brought by McCann against McLennan, was based on a promissory note by tbe latter to the former.
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This case comes before this court upon motion of the attorney of McLennan, to set aside a judgment rendered at the July Term, 1872, in favor of McCann". The case is reported in 2 Nebraska Reports, 286. Erom tbe report of that case, and the affidavit filed in support of this motion, it appears that the action in the district conrt, brought by McCann against McLennan, was based on a promissory note by tbe latter to the former. McLennan’s answer, after admitting the execution of .the note, was, in brief, that tbe note was given in consideration that McCann would abstain from bidding — as be…
1Opinion of the CourtGantt, J.
An application is now made by motion, to vacate and modify the judgment rendered in this case, at the last regular term of this court. No grounds are set forth in the motion showing reasons why it should be maintained by the court. It is simply a motion to vacate and modify *27the judgment, and whether such motion should or should not be dismissed upon motion to strike it from the files of the case, it is not necessary to now express any opinion.
The defendant disclaims filing his motion under the provisions of Chapter II, Title XVI, of the Civil Code, and hence this application is one at common…
2Cases cited2 opinions
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- Commercial Union Assurance Co. Ltd., of London v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1908
- Hamaker v. PatrickNebraska Supreme Court · 1932
- Monk v. Wabash RailroadMissouri Court of Appeals · 1912
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