Irwin v. Nuckolls
Nebraska Supreme Court
At the March term, 1872, of the district court of Otoe county upon affidavits tending to show that a judgment entry upon the journal of said court for the March term, 1869, was irregularly entered, and without authority of court placed there, motion was made by defendants in error for an order vacating the same. The court, Chief Justice Mason, presiding, granted the order, which was excepted to, and to reverse which the case is brought to this court.
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At the March term, 1872, of the district court of Otoe county upon affidavits tending to show that a judgment entry upon the journal of said court for the March term, 1869, was irregularly entered, and without authority of court placed there, motion was made by defendants in error for an order vacating the same. The court, Chief Justice Mason, presiding, granted the order, which was excepted to, and to reverse which the case is brought to this court. For any fuller understanding of the facts, beyond those stated in the opinion, reference may be had to the case of Nuckolls v. Irwvn, 2 Neb., 60.
1Opinion of the CourtCrounse, J.
This case is not a stranger in this court. Several attorneys appear as parties on one side of the case, and to recover from an adverse decision therein, they have displayed tact and persistence which it is hoped they will discover in all their efforts for others. From the affidavits incorporated in the record, and from what appears in this court, it is shown that this was a case which, although arising in the first judicial district, was, because of disqualification of the judge assigned to that district, heard *442before tbe judge of tbe second. Tbe judgment following the trial was adverse to…
2Cases cited1 opinion
- Nuckolls v. IrwinNebraska Supreme Court · 1873
3Cited by4 opinions
- State Ex Rel. Humboldt County v. BlossomNevada Supreme Court · 1894
- Cahill v. CantwellNebraska Supreme Court · 1891
- Jones v. DanforthNebraska Supreme Court · 1904
- Ayres v. DugganNebraska Supreme Court · 1899