Jones v. Nebraska Blue Cross Hospital Service Ass'n

The sole question involved in this case is whether the district court erred in sustaining defendants’ motion to vacate the plaintiff’s default judgment.

On appeal by defendants from a county court judgment for plaintiff, plaintiff filed her petition on appeal on August 20, 1962, within 50 days of the rendition of the judgment in county court. The third Monday after 50 days from the rendition of the judgment elapsed on September 10, 1962, without the defendants having filed any answer or responsive pleading. § 25-821, R. R. S. 1943. The district court entered a default judgment against the…