Gulling v. Washoe County Bank
Nevada Supreme Court
On rehearing. I. No question of constructive service or of the default is presented. The court had jurisdiction of the subject-matter, to wit, the right of Martin Gulling to have his mortgage foreclosed, and it also had jurisdiction of the persons, to wit, the Washoe County Bank and of Martin Gulling. They both had appeared in the action. There was no direct proof showing whether the bank’s answer, had or had not been served upon Gulling.
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On rehearing. I. No question of constructive service or of the default is presented. The court had jurisdiction of the subject-matter, to wit, the right of Martin Gulling to have his mortgage foreclosed, and it also had jurisdiction of the persons, to wit, the Washoe County Bank and of Martin Gulling. They both had appeared in the action. There was no direct proof showing whether the bank’s answer, had or had not been served upon Gulling. There is no. rule of law or practice of the courts which makes proof of such service any part of the record. The record is silent upon that question. The…
1Opinion of the Court
By the Court,
Noroross, J.:
This court in its former opinion (28 Nev. 450) held with the trial court that because of the fact that the answer of the defendant Washoe County Bank was not served on its codefendant, Martin Gulling, in the suit of the Farmers’ and Mechanics’ Savings Bank v. Paniel Powell et al., and because of the further fact that the said answer of the Washoe County Bank did not mention Martin Gulling in the title of the action, or in specific terms set up a cross-complaint or cross-bill against him, and because of the further fact that in the answers of both Gulling and the…
2Cases cited2 opinions
- Sherman v. DilleyNevada Supreme Court · 1867
- Gulling v. Washoe County BankNevada Supreme Court · 1905
3Cited by8 opinions
- Willis v. WillisWyoming Supreme Court · 1935
- Silverman v. SilvermanNevada Supreme Court · 1930
- McIntosh v. KnoxNevada Supreme Court · 1917
- Reno Club, Inc. v. HarrahNevada Supreme Court · 1953
- Clinard v. Town of KernersvilleSupreme Court of North Carolina · 1940
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