Legal Opinion

Clark v. Lee

Supreme Court of Minnesota

Decided July 26, 1894No. 8768PublishedCited by 4 opinions

Appeal by plaintiff, Matt Clark, from a judgment of the District Court of Hennepin County, Seagrave Smith, J., entered January 27, 1894, against him that he take nothing by this action. On July 26, 1890, the defendant, Mary JB. Lee, commenced, an action against Matt Clark and obtained judgment by default November 28, 1890, for $4,989.71. On August 6, 1892, he made a motion to set aside the judgment and be allowed to answer, but was denied.

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Appeal by plaintiff, Matt Clark, from a judgment of the District Court of Hennepin County, Seagrave Smith, J., entered January 27, 1894, against him that he take nothing by this action. On July 26, 1890, the defendant, Mary JB. Lee, commenced, an action against Matt Clark and obtained judgment by default November 28, 1890, for $4,989.71. On August 6, 1892, he made a motion to set aside the judgment and be allowed to answer, but was denied. Lee v. Clark, 53 Minn. 315. He then commenced this action November 12, 1893, under 1878 G-. S. ch. 66, § 285, to set aside and vacate that judgment on the…

1Opinion of the CourtCanty, J.

This is an appeal.from a judgment entered on an order sustaining a demurrer to the complaint on the ground that it does not state a cause of action.

This plaintiff was, in 1883, the agent of defendant to sell for her a quantity of pine logs. Plaintiff, as such agent, sold the logs to one Christopher Clark, and the purchase price was secured by a note for $8,000, made and delivered by the purchaser to defendant, and secured by a mortgage on the real estate of such purchaser. In 1884 this defendant, Lee, commenced an action in the district court of Houston county to foreclose this mortgage, and…

2Cited by4 opinions

  1. O'Brien v. LarsonSupreme Court of Minnesota · 1898
  2. Watkins v. LandonSupreme Court of Minnesota · 1897
  3. Bisseberg v. ReeSupreme Court of Minnesota · 1906
  4. Hulett v. HamiltonSupreme Court of Minnesota · 1895

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