Evans v. Cook
Nevada Supreme Court
Appeal from tbe District Court of tbe Seventh Judicial District, Lincoln County. Tbe facts are stated in the opinion. I. Tbe power of tbe court to set aside defaults should be liberally exercised, so that cases may be disposed of upon their merits; mere'technicalities should be avoided when they affect substantial rights. In this case, fraud and collusion are relied upon and fully set forth in the affidavit and answer.
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Appeal from tbe District Court of tbe Seventh Judicial District, Lincoln County. Tbe facts are stated in the opinion. I. Tbe power of tbe court to set aside defaults should be liberally exercised, so that cases may be disposed of upon their merits; mere'technicalities should be avoided when they affect substantial rights. In this case, fraud and collusion are relied upon and fully set forth in the affidavit and answer. When such is the defense, the court should open the default and permit the defendant to set up his defense. (Boidand v. Kreyenhagen, 18 Cal. 455; Howe v. Independence .Co., 29…
1Opinion of the Court
By the Court,
Beatty, J.:
The complaint in this action shows that in October, 1873, the plaintiff caused an attachment to be issued in an action against the defendant Hanley; that to prevent the levy of that attachment, the defendants Cook and Polleys executed the statutory undertaking by which they bound themselves jointly and severally to pay any judgment that might be recovered by the plaintiff; that the plaintiff recovered judgment against Hanley in May, 1874, and issued execution, which wa returned wholly unsatisfied; that he demanded payment of the sureties, which was refused, wherefore…
2Cases cited5 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- Lewis v. ClarkinCalifornia Supreme Court · 1861
- Stearns v. AguirreCalifornia Supreme Court · 1856
- Ex parte BlanchardNevada Supreme Court · 1874
3Cited by32 opinions
- Miller v. BurkNevada Supreme Court · 2008
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Hotel Last Frontier Corp. v. Frontier Properties, Inc.Nevada Supreme Court · 1963
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
- West Indies v. First Nat. Bank of NevadaNevada Supreme Court · 1950
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