McBrien v. Riley
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of facts. Judgments regularly entered become final at the end of the term. The court thereafter has no power to vacate the same except upon the grounds enumerated in section 602 of the Code. (Freeman, Judgments [3d ed.], sec. 96; Carlow v. Aultman, 28 Neb., 672.) Upon appeal from a justice court the appellant is not obliged to notify the appellee.
Read the full summary
Error from the district court of Douglas county. Tried below before Ferguson, J. The opinion contains a statement of facts. Judgments regularly entered become final at the end of the term. The court thereafter has no power to vacate the same except upon the grounds enumerated in section 602 of the Code. (Freeman, Judgments [3d ed.], sec. 96; Carlow v. Aultman, 28 Neb., 672.) Upon appeal from a justice court the appellant is not obliged to notify the appellee. (Rich v. Stretch, 4 Neb., 186.) In vacating the judgment entered by default it was necessary for the defendants at the time of' their…
1Opinion of the Court
Ñokval, J.
This is a proceeding in error to review an order made by the court below vacating and setting aside a judgment by default rendered against defendants in error. The action originated before a justice of the peace. From a judgment iu favor of defendants plaintiffs appealed to the district court, filing their petition therein on the 8th day of August, 1890. Afterwards, at the September, 1890, term of said court, to-wit, on the 27th day of December, no answer *563having been filed, a judgment by default was rendered against defendants for the sum of $209.20. Subsequently,, at the May, 1891,…
2Cases cited4 opinions
- Carlow v. C. Aultman & Co.Nebraska Supreme Court · 1890
- State Bank v. GreenNebraska Supreme Court · 1879
- Schuyler v. HannaNebraska Supreme Court · 1890
- Spencer v. ThistleNebraska Supreme Court · 1882
3Cited by5 opinions
- Fitzgerald v. FitzgeraldNebraska Supreme Court · 2013
- Dillon v. Chicago, Kansas & Nebraska RailroadNebraska Supreme Court · 1899
- Barnes v. HaleNebraska Supreme Court · 1895
- Baldwin v. BurtNebraska Supreme Court · 1898
- State v. State Journal Co.Nebraska Supreme Court · 1906