Baldwin v. Burt
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Keysor, J. The opinion contains a statement of the case. The district conrt has control of its own judgments during the term, but this control ends with the term. Thereafter the power to interfere in any manner with a judgment entered must be exercised within the limits prescribed by statute and governed by fixed principles of law.
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Appeal from the district court of Douglas county. Heard below before Keysor, J. The opinion contains a statement of the case. The district conrt has control of its own judgments during the term, but this control ends with the term. Thereafter the power to interfere in any manner with a judgment entered must be exercised within the limits prescribed by statute and governed by fixed principles of law. (Smith v. Pinney, 2 Neb. 139; Nuckolls v. Irwin, 2 Neb. 60.) An order of the district court quashing the service of a summons cannot be reviewed by the supreme court before final judgment is…
1Concurrence
Ragan, C.,
concurring with Ryan, C.
1. Did the court err in quashing the officer’s return of service of summons on the appellee? I think it did. The court- which rendered the foreclosure decree had jurisdiction of the subject-matter of that'.suit, and the record on its face disclosed that the court had jurisdiction of Marion R. Rohrbough, a defendant in that suit, the appellee here. The order or decree of the district court quashing the officer’s return on the summons is, in effect, an order vacating the foreclosure decree. It is true the court does not expressly say that the foreclosure decree…
2Cases cited19 opinions
- Cook v. WoodIllinois Supreme Court · 1860
- Carlow v. C. Aultman & Co.Nebraska Supreme Court · 1890
- Bankers Life Insurance v. RobbinsNebraska Supreme Court · 1897
- Porter v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1871
- Smithson v. SmithsonNebraska Supreme Court · 1893
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