Raymond Bros. & Co. v. Strine

Lake, Ch. J.

The facts of this case bring it clearly within the principle held in Strine v. Kaufman, 12 Neb., 423. The motion for security for costs was an appearance to the action and following the decision in that case, that where there is such appearance by the defendant, he is not entitled, as of right, under sec. 1001 of the code, to have the judgment against him set aside, the judgment of the district court must be reversed, and that of the justice of the peace reinstated and affirmed.

It is urged on behalf of the defendant in error, that because the plaintiffs, after the reversal of the…