Skillman v. Greenwood
Supreme Court of Minnesota
This action was brought in the district court for Goodhue county, to recover the amount due upon a promissory note made by the defendant.
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This action was brought in the district court for Goodhue county, to recover the amount due upon a promissory note made by the defendant. The summons was served upon the defendant, who admitted service in the following words endorsed upon the summons: “ R.ed Wing, Minnesota, May 31st, 1869. Due and personal service of the within summons admitted this 31st day of May, 1869. S. D. Greenwood. ” After the time for answering had expired, the summons, with the admission of service upon it, and an affidavit of no answer or appearance in the action were filed, and the clerk of the district court…
1Opinion of the CourtMcMillan, J.
By the Gourt This action is brought upon a contract for the payment of money, and judgment was entered by the clerk of the district court, at the instance'of the plaintiff, for want of an appearance or answer by the defendant, under sub-division 1, of Sec. 192, Ch. 66, of the Gen. Stat. as amended ly Sess. L. 1868, pg. 123, which reads as follows:
“Judgment may be had if the defendant fails to answer the complaint as follows:
First. When in an action arising on contract for the payment of money only, the summons has been personally served, and the plaintiff shall file with the clerk, proof of…
2Cases cited2 opinions
- Reynolds v. La Crosse & Minnesota Packet Co.Supreme Court of Minnesota · 1865
- Gemmell v. RiceSupreme Court of Minnesota · 1868
3Cited by5 opinions
- White v. JeffersonSupreme Court of Minnesota · 1910
- Thompson v. Germania Life InsuranceSupreme Court of Minnesota · 1906
- Stoddard Manuf'g Co. v. MatticeSouth Dakota Supreme Court · 1897
- Sorkil v. StromSupreme Court of Minnesota · 1923
- Hocking Valley Railway Co. v. Cluster Coal & Feed Co.Ohio Supreme Court · 1918