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COMMERCIAL SAVINGS & L. ASS'N v. HOLLY DEVELOPMENT

No. 36670.

154 N.W.2d 510 (1967)

182 Neb. 335

COMMERCIAL SAVINGS & LOAN ASSOCIATION, a Corporation, Appellee, v. HOLLY DEVELOPMENT, INC., et al., Appellees, Impleaded with Merrill Goff and Dorothy P. Goff, Appellants.

Supreme Court of Nebraska.

December 1, 1967.

Attorney(s) appearing for the Case

Haney, Walsh & Walentine, Omaha, for appellants.

Fitzgerald, Brown, Leahy, McGill & Strom, William J. Brennan, Omaha, for Commercial Savings & Loan Assn.

Ross & O'Connor, Gaines, Spittler, Neely, Otis & Moore, Omaha, for Holly Development, Inc.

McCormack, McCormack & Brown, Patrick L. Cooney, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, McCOWN and NEWTON, JJ.

CARTER, Justice.

This is an appeal from an order of the district court for Douglas County refusing to set aside a default judgment to permit certain defendants to file an answer and defend on the merits.

The action was begun by Commercial Savings and Loan Association to foreclose a mortgage on a residence property described as 4941 Browne Street. Merrill Goff and Dorothy P. Goff were made parties defendant to the action. They were husband and wife. A summons...

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