Aumock v. Jamison

Decided July 1, 1871

Nebraska Supreme Court · decided 1871-07-01

This was a bill in chancery, filed in the District' Court for Douglas county. It alleged that, on the 27th of July, 1862, Jamison sued Aumock, in the said court, for the recovery of a debt, and that the summons issued in said action was returnable on the 4th day of August, 1862, and that the summons was served on Aumock on that day and was also returned on that day. -The defendant failed to appear to the. suit and judgment was entered, against him.

Decided 1871-07-01

¶1The court,

by Dundy, J.,

¶2held that a service of summons made upon the return day named therein was sufficient to require the defendant to appear thereto, and, if he-did not do so, that it was effectual to support a judgment by default.

Kellogg, Ch. J., dissented.

¶3• Deoree reversed.