meritorious or substantial defense (Nebraska) · Go Syfert
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meritorious or substantial defense in Nebraska

6 Nebraska opinions name it 2 courts 1987–2018 0 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Steinberg v. Stahlneckergreen
neb · 1978 · cited in 3 Nebraska opinions naming this issue, 1987–2016
2 sentences

1998Where a judgment has been entered by default and a prompt application has been made at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable grounds sustain the motion and permit the cause to be heard on the merits.” DeVries v. Rix, 203 Neb. at 401-02 , 279 N.W.2d at 94-95 . “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v

1998Where a judgment has been entered by default and a prompt application has been made at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable grounds sustain the motion and permit the cause to be heard on the merits.” DeVries v. Rix, 203 Neb. at 401-02 , 279 N.W.2d at 94-95 . “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Miller v. Steichen green
neb · 2004
2 sentences

2015Miller v. Steichen, 268 Neb. 328 , 682 N.W.2d 702 (2004).

2015Miller v. Steichen, 268 Neb. 328 , 682 N.W.2d 702 (2004).

22015–2015
Applied Underwriters Captive Risk Assurance Co. v. Oceanside Laundry, LLC green
neb · 2018
1 sentence

2018Stat. § 25-1912 (3) (Reissue 2016); State v. Bellamy, 264 Neb. 784 , 652 N.W.2d 86 (2002). - 342 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports APPLIED UNDERWRITERS v. OCEANSIDE LAUNDRY Cite as 300 Neb. 333 of a motion to vacate a default judgment, a meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.20 Although a defendant seeking to vacate a default judgment is required to present a meritorious defense, it is no

12018–2018
State Ex Rel. Serrano v. Bellamy green
neb · 2002
2 sentences

2018Stat. § 25-1912 (3) (Reissue 2016); State v. Bellamy, 264 Neb. 784 , 652 N.W.2d 86 (2002). - 342 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports APPLIED UNDERWRITERS v. OCEANSIDE LAUNDRY Cite as 300 Neb. 333 of a motion to vacate a default judgment, a meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.20 Although a defendant seeking to vacate a default judgment is required to present a meritorious defense, it is no

2018Stat. § 25-1912 (3) (Reissue 2016); State v. Bellamy, 264 Neb. 784 , 652 N.W.2d 86 (2002). - 342 - Nebraska Supreme Court A dvance Sheets 300 Nebraska R eports APPLIED UNDERWRITERS v. OCEANSIDE LAUNDRY Cite as 300 Neb. 333 of a motion to vacate a default judgment, a meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.20 Although a defendant seeking to vacate a default judgment is required to present a meritorious defense, it is no

12018–2018
In Re Estate of Christensen green
neb · 1986
2 sentences

1998In In re Estate of Christensen, 221 Neb. 872 , 381 N.W.2d 163 (1986), the Nebraska Supreme Court further expounded upon the meaning of good cause and adopted three criteria to be considered in determining whether to grant a motion to set aside an order admitting a will to probate: A court should consider whether neglect is excusable, whether a movant has alleged a meritorious objection to admission of a will to probate, and whether prejudice results from setting aside the probate order.

1998In In re Estate of Christensen, 221 Neb. 872 , 381 N.W.2d 163 (1986), the Nebraska Supreme Court further expounded upon the meaning of good cause and adopted three criteria to be considered in determining whether to grant a motion to set aside an order admitting a will to probate: A court should consider whether neglect is excusable, whether a movant has alleged a meritorious objection to admission of a will to probate, and whether prejudice results from setting aside the probate order.

11998–1998
In Re Estate of Corbett green
neb · 1979
2 sentences

1998Where a judgment has been entered by default and a prompt application has been made at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable grounds sustain the motion and permit the cause to be heard on the merits.” DeVries v. Rix, 203 Neb. at 401-02 , 279 N.W.2d at 94-95 . “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v

1998Where a judgment has been entered by default and a prompt application has been made at the same term to set it aside, with the tender of an answer or other proof disclosing a meritorious defense, the court should on reasonable grounds sustain the motion and permit the cause to be heard on the merits.” DeVries v. Rix, 203 Neb. at 401-02 , 279 N.W.2d at 94-95 . “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v

11998–1998
Lincoln Welding Supply Co. v. Inhalation Plastics, Inc. green
neb · 1983
2 sentences

1987Lincoln Welding Supply v. Inhalation Plastics, 213 Neb. 862 , 331 N.W.2d 804 (1983); Steinberg v. Stahlnecker, supra. “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v. Stahlnecker, supra at 468, 263 N.W.2d at 862-63 .

1987Lincoln Welding Supply v. Inhalation Plastics, 213 Neb. 862 , 331 N.W.2d 804 (1983); Steinberg v. Stahlnecker, supra. “ ‘A meritorious or substantial defense or cause means one which is worthy of judicial inquiry because it raises a question of law deserving some investigation and discussion or a real controversy as to the essential facts.’ ” Steinberg v. Stahlnecker, supra at 468, 263 N.W.2d at 862-63 .

11987–1987

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 25-2001 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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