Crippen v. Obe Church
| Decision Date | 11 March 1885 |
| Citation | 22 N.W. 567,17 Neb. 304 |
| Parties | CRIPPEN AND AMICK, PLAINTIFFS IN ERROR, v. OBE CHURCH, DEFENDANT IN ERROR |
| Court | Nebraska Supreme Court |
ERROR to the district court for Cass county. Tried below before POUND J.
Judgment of the district court reversed, and the proceeding dismissed, and judgment of the justice of the peace affirmed.
J. H Haldeman, for plaintiffs in error.
Travis & Clark, for defendant in error.
This action was commenced before a justice of the peace. Personal service of the summons was had on the defendant, returnable on the 19th day of July, 1884, at 10 o'clock A.M. On the return day of the summons at the hour set for trial, both parties appeared, and by mutual agreement of the parties, by their respective attorneys, the case was continued to July 21, 1884, at 9 o'clock A.M. July 21, 1884, at 10 o'clock A.M., the parties appeared and the defendant filed a motion to dissolve an order of attachment which had been issued in the case, which motion was overruled. On motion of the plaintiffs the cause was again continued to July 23, 1884, at 2 o'clock in the afternoon.
On the 23d day of July, 1884, at 2 o'clock in the afternoon, the plaintiffs appeared and the case was called; the defendant did not appear; the justice waited one hour; the defendant not appearing and a jury being waived, the case was submitted to the justice on the bill of particulars of the plaintiffs and evidence, whereupon the justice found that there was due from the defendant to the plaintiffs the sum of $ 52, with interest thereon at the rate of seven per cent per annum from July 10, 1884, and rendered judgment in favor of the plaintiffs and against the defendant, for fifty-two dollars with interest at seven per cent from July 10, 1884 and the costs of the action, taxed at $ 9.00. On the 28th day of July, 1884, the defendant appeared before the justice and moved to set aside the said judgment for the reason that the same was rendered in the defendant's absence. The record also contains an entry of judgment (or an offer to confess judgment, it is somewhat difficult to say which, by the defendant) for $ 3.40 costs, for the purpose of having the judgment set aside.
There then follows another motion to set aside the judgment for the same reason. Then follows an entry by the justice under date the 29th of July, 1884, of the rendition of judgment against the defendant as by confession, for the costs of the action, in the sum of $ 9.00, and a conditional order setting aside the judgment and setting the cause for trial on the 5th day of August, 1884, at 10 o'clock A.M.
Under date of July 31, 1884, there was filed a notice of the plaintiffs' attorney to the defendant's attorney that a motion will be made to correct the record of said justice in the case, which motion was afterwards made (it does not appear when) as follows: ...
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