Crowell v. Galloway
Nebraska Supreme Court
This was an action brought by defendant in error against the plaintiffs in error in the district court of Cuming county to recover tbe sum of $235.80 damages, alleged to have been sustained by failure of plaintiffs in error to comply with a certain contract entered into by them and defendant in error, in relation to tbe purchase of a crop of wheat belonging to tbe defendant in error.
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This was an action brought by defendant in error against the plaintiffs in error in the district court of Cuming county to recover tbe sum of $235.80 damages, alleged to have been sustained by failure of plaintiffs in error to comply with a certain contract entered into by them and defendant in error, in relation to tbe purchase of a crop of wheat belonging to tbe defendant in error. A summons was issued against plaintiffs in error, directed to tbe sheriff of Guming connty, who returned the same duly served upon Z. A. Growell. A summons was also issued, directed to tbe sheriff of Washington…
1Opinion of the Court
Lake, Ch. J.
It is urged as ground for the reversal of this judgment that the court below had acquired no jurisdiction over the defendants, who are plaintiffs in error here.
The record shows that the return day of the summons was the first Monday after its date, instead of the second Monday, as is provided in section 66, of the civil code; and the answer day was fixed for the third Monday thereafter. The defendants appeared specially by a motion to quash the writ for these reasons, but the court overruled the motion, to which exception was duly taken, and thereupon a judgment by default was…
2Cited by25 opinions
- Rueger v. HawksNebraska Supreme Court · 1949
- Bucklin v. StricklerNebraska Supreme Court · 1891
- Hurlburt v. PalmerNebraska Supreme Court · 1894
- Childs v. LantermanCalifornia Supreme Court · 1894
- Lillie v. Modern Woodmen of AmericaNebraska Supreme Court · 1911
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