Eayrs v. Nason
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Fbkguson, J. The opinion contains a statement of the case. Where service by publication has been attempted to be made upon a resident defendant, founded upon a false affidavit of his non-residence, such service does not give jurisdiction over that defendant, and its validity can be inquired into in a direct proceeding between the parties to the judgment founded thereon.
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Appeal from the district court of Douglas county. Heard below before Fbkguson, J. The opinion contains a statement of the case. Where service by publication has been attempted to be made upon a resident defendant, founded upon a false affidavit of his non-residence, such service does not give jurisdiction over that defendant, and its validity can be inquired into in a direct proceeding between the parties to the judgment founded thereon. (.Kitchen v. Crawford, 13 Tex. 516; Bnowden v. Bnowden, 1 Bland. Oh. [Md.] 550; McGavock r. Pollack, 13 Neb. 535; Cheney v. Harding, 21 Neb. 65; Frazier v.…
1Opinion of the Court
Ragan, C.
This is an appeal by Sarah A. Eayrs from a decree of the district court of Douglas county dismissing a suit in equity brought by her in that tribunal against William N. Nason.
*1461. In her petition in the district court the appellant alleged that on the 3d day of June, 1875, her father became the owner of certain described real estate and died subsequently possessed thereof; that the title to said real estate had descended to her as his only surviving heir at law; that during her father’s life he became indebted in the sum of $50 to one Fischer, and to secure the payment of this debt he…
2Cases cited22 opinions
- Mastin v. GraySupreme Court of Kansas · 1878
- Parker v. KuhnNebraska Supreme Court · 1887
- Norwood v. CobbTexas Supreme Court · 1855
- Goudy v. HallIllinois Supreme Court · 1863
- Foree v. StubbsNebraska Supreme Court · 1894
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3Cited by20 opinions
- Rodriguez v. La Cueva Ranch Co.New Mexico Supreme Court · 1912
- County of Douglas v. FeenanNebraska Supreme Court · 1945
- German National Bank of Lincoln v. KautterNebraska Supreme Court · 1898
- Kerr v. McCrearyNebraska Supreme Court · 1909
- Payne v. AndersonNebraska Supreme Court · 1907
15 more not listed; retrieve them via the Exa API.