Alden Mercantile Co. v. Randall
Nebraska Supreme Court
Appeal from the district court for Grant county: James R. Hanna, Judge. Plaintiff is a policy-holder in a mutual insurance company whose principal place of business was in Lancaster county. This corporation became insolvent, and a receiver was appointed for it. The receiver began an action against the various policy-holders in the district court for Lancaster county.
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Appeal from the district court for Grant county: James R. Hanna, Judge. Plaintiff is a policy-holder in a mutual insurance company whose principal place of business was in Lancaster county. This corporation became insolvent, and a receiver was appointed for it. The receiver began an action against the various policy-holders in the district court for Lancaster county. A summons was issued, sent to Grant county, the county of plaintiff’s residence, and a copy served upon him by the deputy sheriff of that county. He made no appearance. Judgment by default was- entered against him. A transcript…
1Opinion of the Court
Per Curiam;.
The question is, whether the defects in the summons were mere irregularities, or were so grave as to render the attempted service void. In Ley v. Pilger, 59 Neb. 561, it was held that the insertion of an erroneous date of return day is merely an irregularity, and does not render the process void. In Barker Co. v. Central West Investment Co., 75 Neb. 43, the summons was defective in form, both as to the date of the return day and the answer day. It was held that the summons was not void, merely irregular. Muchmore v. Guest, 2 Neb. (Unof.) 127. The fact thát erroneous dates were *740inse…
2Cases cited5 opinions
- Campbell Printing Press & Manufacturing Co. v. Marder, Luse & Co.Nebraska Supreme Court · 1897
- Jones v. DanforthNebraska Supreme Court · 1904
- Barker Co. v. Central West Investment Co.Nebraska Supreme Court · 1905
- Gandy v. JollyNebraska Supreme Court · 1892
- Ley v. PilgerNebraska Supreme Court · 1900
3Cited by2 opinions
- State v. RothNebraska Supreme Court · 1954
- State v. RothNebraska Supreme Court · 1954