Cedar Hill Consolidated G. & S. M. & M. Co. v. Jacob Little G. & S. M. Co.

15 Nev. 302

Opinion

By the Court,

Hawley, J. :

As no summons had ever been served upon the defendant, and the defendant only appeared for the purpose of moving a dismissal, we think the court should have dismissed the case without prejudice, instead of entering judgment on the merits. The case was not at issue, and the merits could not be considered.

The district court is directed to modify its judgment to a dismissal of the case without prejudice.