Daniels v. Daniels
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts are stated in the opinion of the court. I. The order appealed from is properly before this court. It is an order made upon affidavit, after final judgment; hence, it can be appealed from, and the judgment-roll and order only need be brought up. (Pr. Act, sec. 337.) II. The order, when made, was, that a default and final judgment, entered at a former term, be set aside and vacated.
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Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts are stated in the opinion of the court. I. The order appealed from is properly before this court. It is an order made upon affidavit, after final judgment; hence, it can be appealed from, and the judgment-roll and order only need be brought up. (Pr. Act, sec. 337.) II. The order, when made, was, that a default and final judgment, entered at a former term, be set aside and vacated. There had been personal service of the summons on defendant in Esmeralda county, Nevada; hence the court had no power to…
1Opinion of the Court
By the Court,
Leonard, J.:
This is an appeal from an order of the eighth judicial district court, setting aside the default of defendant, vacating the decree rendered against him, reinstating said cause, and allowing defendant to file his answer. Default was entered January 18, 1876, and decree of judgment rendered March 22, 1876.
*120Respondent’s counsel, in their argument, claim that soon after default was entered, they sent to the clerk of said court the necessary papers for opening the default, etc., but it is admitted that they were not filed by the clerk or served upon counsel for appellant…
2Cases cited8 opinions
- Castro v. RichardsonCalifornia Supreme Court · 1864
- Bell v. ThompsonCalifornia Supreme Court · 1862
- Carpentier v. HartCalifornia Supreme Court · 1855
- Suydam v. PitcherCalifornia Supreme Court · 1854
- Shaw v. McGregorCalifornia Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sweeney v. SweeneyNevada Supreme Court · 1919
- Lewis v. LewisNevada Supreme Court · 1931
- Lauer v. Eighth Judicial District CourtNevada Supreme Court · 1943
- State Industrial Insurance System v. SleeperNevada Supreme Court · 1984
- Lang Syne Gold Mining Co. v. RossNevada Supreme Court · 1888
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