37 Neb. 320 | Neb. | 1893
On January 8, 1889, the appellants recovered judgment against the appellees in the county court of Douglas county. The return of the summons in the case is as follows: “On December 27, 1888, I received this writ, and on December 27,.1888, I served it by leaving a certified copy of this writ and endorsements thereon at the usual place of residence of O. F. Janes and M. E. Janes, the defendants,, in
The decree will have to be reversed for tins reason that there is neither pleading nor proof on the part of the appellees that they have any valid defense to the claim on which appellants’ judgment is based. The petition does state that they, the appellees, “ have a valid defense,” but this is a mere conclusion. The plea, to be good in this respect, must set out what the defense is, state, the facts, so that the court can determine whether the facts constitute a defense.
While there is some conflict the weight ,of authority undoubtedly is that a court of equity will not enjoin a
Reversed and remanded.