Legal Opinion

Karns v. State Bank & Trust Co.

Nevada Supreme Court

Decided April 15, 1909No. 1769PublishedCited by 6 opinions

Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Langan, Judge. Action by Mrs. H. 0. Earns against the State Bank and Trust Company. From an order vacating a default judgment, plaintiff appeals. The facts are sufficiently stated in the opinion.

1Opinion of the Court

By the Court,

Talbot, J.:

This is an appeal from an order vacating a judgment entered by default, which order was based upon the conclusion of the district court that the service of the complaint and summons upon C. H. Wise, assistant cashier of the defendant, *171which is a domestic corporation, was insufficient under the practice act, which provides that service upon a corporation organized under the laws of this state shall be upon the "president or other head of the corporation, secretary, cashier, or managing agent thereof.” (Stats. 1869, p. 200, c. 112, sec. 29; Comp. Laws, 8124.)

The return…

2Cases cited41 opinions

  1. Amy v. WatertownSupreme Court of the United States · 1889
  2. Cruzan v. SmithIndiana Supreme Court · 1872
  3. Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
  4. Blanc v. Paymaster Mining Co.California Supreme Court · 1892
  5. Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877

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3Cited by6 opinions

  1. Richfield Oil Corp. v. Harbor Insurance Co.Nevada Supreme Court · 1969
  2. State v. JukichNevada Supreme Court · 1926
  3. Daly v. Lahontan Mines Co.Nevada Supreme Court · 1915
  4. State Ex Rel. Adams v. AllenNevada Supreme Court · 1934
  5. Towne v. National Machinery Co.Ohio Court of Appeals · 1917

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