EMBREE v. STERLING ELECTRIC COMPANY

No. 37576.

178 N.W.2d 275 (1970)

185 Neb. 677

Milo J. EMBREE, Appellant, v. STERLING ELECTRIC COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

June 19, 1970.


Attorney(s) appearing for the Case

Charles Ledwith, Omaha, for appellant.

Silverman & Silverman, Robert K. Silverman, Omaha, for appellee.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ., and COLWELL, District Judge.


McCOWN, Justice.

The district court affirmed a final order of the Omaha municipal court denying defendant's motion to vacate and set aside a default judgment against him. The defendant relies on the fact that the clerk of the municipal court did not mail a notice of the rendition of the judgment.

On January 24, 1969, plaintiff filed an action against the defendant on an open account in the municipal court of Omaha. Answer day was February 3, 1969. When the...

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