Legal Opinion

Eastman v. Cain

Nebraska Supreme Court

Decided May 2, 1895No. 7335PublishedCited by 3 opinions

Application of E. Charles Francis, intervenor, for appointment of a receiver to control mortgaged property pending appeal from á decree of foreclosure rendered by the district court of Douglas county.

1Opinion of the CourtHarrison, J.

In an action to foreclose a real estate mortgage, commenced in the district court of Douglas county, such proceedings were had as resulted in a sale by a master commissioner, a confirmation of the sale and deed to the purchaser. After such sale a motion was filed to make Ethan C. Wolcott a party defendant to the action, which was sustained, and it appears that summons was duly issued and service of it made upon Wolcott, who entered a special appearance and filed objections to the jurisdiction of the court, which, upon hearing, were overruled, and Wolcott having elected to not further appear…

2Cases cited1 opinion

  1. Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895

3Cited by3 opinions

  1. Home Fire Insurance v. DutcherNebraska Supreme Court · 1896
  2. Chadron Loan & Building Ass'n v. SmithNebraska Supreme Court · 1899
  3. Philadelphia Mortgage & Trust Co. v. GoosNebraska Supreme Court · 1896

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