Gardels v. Kloke
Nebraska Supreme Court
Error from the district court of Cuming county. Tried below before Powers, J. Gardels filed a motion to open the judgment and be allowed to defend, supported by affidavits, showing that as soon as summons had been served upon him he had employed counsel to defend the suit, and that he only failed to make a defense because he was led to believe that the action would be dismissed. This motion should have been sustained.
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Error from the district court of Cuming county. Tried below before Powers, J. Gardels filed a motion to open the judgment and be allowed to defend, supported by affidavits, showing that as soon as summons had been served upon him he had employed counsel to defend the suit, and that he only failed to make a defense because he was led to believe that the action would be dismissed. This motion should have been sustained. (Haggerty v. Walker, 21 Neb., 596; Glutz v. Carter, 12 Id., 113; Blair v. West Point Mfg. Co., 7 Id., 146; Taylor v. Trumbull, 32 Id., 508; Griswold Linseed Oil Co. v. Lee, 47…
1Opinion of the Court
Maxwell, Ch. J.
This is an action to foreclose a contract for the sale of real estate. Personal service was had upon the purchaser, who made default, and at the September term of the district court for Cuming county, a judgment was entered against the purchaser that he pay the purchase money within thirty days, or that said premises be sold as upon-execution and the proceeds derived from said sale be brought into court to be applied in payment of said judgment, and that the vendors have judgment for any deficiency that may exist after the sale of said land, etc. Within thirty days from the…
2Cases cited2 opinions
- Gartrell v. StaffordNebraska Supreme Court · 1882
- McWilliams v. LawlessNebraska Supreme Court · 1883
3Cited by9 opinions
- Buford v. DahlkeNebraska Supreme Court · 1954
- Harper v. GoldschmidtCalifornia Supreme Court · 1909
- Hendrix v. BarkerNebraska Supreme Court · 1896
- Kloke v. GardelsNebraska Supreme Court · 1897
- Campbell v. Kewanee Finance Co.Nebraska Supreme Court · 1938
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