Bigler v. Baker
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. To entitle a defendant to have default and judgment set aside he must furnish not only satisfactory reasons in excuse for his default, but he must accompany his motion by his proposed answer, duly verified, so that the court may see whether he has a defense to „the action.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. To entitle a defendant to have default and judgment set aside he must furnish not only satisfactory reasons in excuse for his default, but he must accompany his motion by his proposed answer, duly verified, so that the court may see whether he has a defense to „the action. (Spencer v. Thistle, 13 Neb., 227; Hale v. Bender, 13 Neb., 66; Mulhollan v. Scoggin, 8 Neb., 202.) When one writes the name of another to an instrument in his presence and at his request, the act of…
1Opinion of the CourtPost, J.
This was an action by James E. Jones in the district court of Lancaster county to recover possession of a part of the northwest quarter of section No. 14, township No. 10, range No. 6, in said county, which is fully described in the pleadings, but which does not call for a more specific description in this opinion. At the September, 1890, term of the district court the defendant in error, who was the defendant below, being in default, judgment was entered in favor of the plaintiff in accordance with the prayer of his petition. Three days later, and presumably at the same term, the defendant…
2Cases cited10 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Morgan v. BergenNebraska Supreme Court · 1874
- Mahana v. BluntSupreme Court of Iowa · 1865
- Westphal, Hinds & Co. v. ClarkSupreme Court of Iowa · 1877
- Hubbard v. Town of WilliamstownWisconsin Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
- Weber v. KirkendallNebraska Supreme Court · 1895
- McDermott v. MahoneySupreme Court of Iowa · 1908
- Lyman v. DunnNebraska Supreme Court · 1934
46 more not listed; retrieve them via the Exa API.