Keyes v. Clare
Supreme Court of Minnesota
Appeal by plaintiff from an order of the municipal court of Minneapolis, setting aside a judgment entered upon default, upon the ground that the judgment was unauthorized, the time for answering not having expired.
1Opinion of the CourtVanderburgh, J.
This action was brought in the municipal court of the city of Minneapolis. The summons and complaint were served July 12, 1887, and July 22d the defendant served a demurrer. On July 23d plaintiff served an amended complaint upon the defendant’s attorney, which was retained by him; and on August 8th following, no answer thereto having been served, the plaintiff entered judgment. The defendant thereupon moved to set aside the judgment, on the ground that the time for answering the amended complaint had not expired when it was entered, and the motion was granted; the court nolding that under…
2Cases cited1 opinion
- Leonard v. GreenSupreme Court of Minnesota · 1883
3Cited by2 opinions
- White v. Western Assurance Co.Supreme Court of Minnesota · 1893
- Fallgatter v. LammersSupreme Court of Minnesota · 1898