E. Reinhart & Co. v. Company D
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Humboldt county; A. E. Cheney, District Judge: Action by E. Reinhart & Co. against Company D, First Brigade, Nevada National Guard, and others. From an order refusing to set aside a default, and from a judgment in favor of plaintiffs, defendants appeal. Appeal from the order dismissed. The facts sufficiently appear in the opinion. I. The court erred in refusing to set aside and annul the default entered in this action.
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Appeal from the District Court of the State of Nevada, Humboldt county; A. E. Cheney, District Judge: Action by E. Reinhart & Co. against Company D, First Brigade, Nevada National Guard, and others. From an order refusing to set aside a default, and from a judgment in favor of plaintiffs, defendants appeal. Appeal from the order dismissed. The facts sufficiently appear in the opinion. I. The court erred in refusing to set aside and annul the default entered in this action. There was an answer ,on file in the action, and consequently an issue to be tried — ah issue of fact. (Gen. Stats. 3177;…
1Opinion of the Court
By the Court,
Massey, J.:
This is an appeal from an order refusing to set aside a default, and from a judgment made and entered in the district court of the second judicial district of the state of Nevada, in and for Humboldt county.
The respondents commenced an action to foreclose a mortgage in said court on the 21st day of May, 1896, and the summons, with the proof of service, was returned and filed on the 22d day of May, 1896. On the 26th day of May, 1896, the- appellants filed a demurrer to the complaint, alleging as cause therefor misjoinder of parties plaintiff and defendant, and that the…
2Cases cited11 opinions
- Harper v. MinorCalifornia Supreme Court · 1864
- Abbott v. DouglassCalifornia Supreme Court · 1865
- Dooly v. NortonCalifornia Supreme Court · 1871
- McAbee v. RandallCalifornia Supreme Court · 1871
- Caulfield v. DoeCalifornia Supreme Court · 1873
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