Mayenbaum v. Murphy
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. The facts are stated in the opinion. I. The right to take judgment upon failure to answer is indisputable. (Practice Act, Sec. 152.) Judgment taken, relief can be granted only in the cases prescribed by statute, to wit: mistake, inadvertence, surprise, or excusable neglect, (Practice Act, Sec. 68) and then only upon affidavit “ showing good cause therefor.”
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Appeal from the District Court of the Sixth Judicial District, Lander County. The facts are stated in the opinion. I. The right to take judgment upon failure to answer is indisputable. (Practice Act, Sec. 152.) Judgment taken, relief can be granted only in the cases prescribed by statute, to wit: mistake, inadvertence, surprise, or excusable neglect, (Practice Act, Sec. 68) and then only upon affidavit “ showing good cause therefor.” The affidavit must show good' or legal excuse. In the case at bar the excuse offered is, that “ affiant never for one moment dreamed that such service [service…
1Opinion of the Court
By the Court,
WHITMAN, J.:
Appellant filed his complaint against respondents in the District Court of the Sixth Judicial District, County of Lander, seeking to recover from them seven thousand dollars as an attorney’s fee. On the sixteenth of August, 1869, summons was issued by the Clerk of the Court, which was forwarded to White Pine County, in the Eighth Judicial District, for service. On the fourth day of September this summons was served on both the respondents. Subsequently, on the eighteenth of September, the same summons was served on respondent Marchand in Lander County. Upon the…
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