OPACO LUMBER & REALTY CO.v. PHIPPS

No. 4154.

340 P.2d 95 (1959)

OPACO LUMBER & REALTY CO., a Nevada Corporation, Appellant, v. E. V. PHIPPS and Lyda F. Phipps, his Wife, Respondents.

Supreme Court of Nevada.

Rehearing Denied June 29, 1959.


Attorney(s) appearing for the Case

Robert Callister, Las Vegas, for appellant.

Cory, Denton & Smith, Las Vegas, for respondents.


MERRILL, Chief Justice.

This action is brought to foreclose a mechanic's lien for materials used in the construction of respondents' residence in Las Vegas. The lien claimant has taken this appeal from judgment for the respondents rendered by the trial court sitting without jury.

The first question raised by the appeal is whether the filing, unsigned, of a document entitled "default" can be construed as entry of default by the clerk. Appellant moved the trial...

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