Legal Opinion
Holliday v. Brown
Nebraska Supreme Court
Decided January 4, 1892PublishedCited by 5 opinions
Error to the district court for Seward county. Tried below before Smith, J. cited, as to the service of summons: Palmer v. Belcher, 21 Neb., 58; Freeman, Judgments, secs. 119, 126; Morse v. JEngle, 26 Neb., 247; Lawrence v. Howell, 52 la., 62. As to the relative rights of creditor and surety: Small v. Older, 57 la., 326; Matthews v. Switzler, 46 Mo., 301; Harding v. Tifft, 75 N. Y., 461; Wood v. Callaghan, 61 Mich., 402.
1Opinion of the CourtMaxwell, J.
This action is brought on a judgment of the district court of Seward county, which was recovered on the 19th day of December, 1888, by the defendant in error against the plaintiffs in error. The defendant Jane Holliday, in her amended answer, alleges:
“ For her first defense to plaintiff’s petition, that no summons was served upon her either personally or by delivering a copy thereof at her usual place of residence, in the *659action set forth in the petition upon which said judgment was obtained, nor did she appear in said action, either in person or by attorney, and that the court had no…
2Cited by5 opinions
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