Feikert v. Wilson
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, vacating a judgment.
1Opinion of the CourtGtlfillan, C. J.
This is an appeal from an order vacating a judgment entered upon default in an action commenced by publication of the summons. The judgment was entered January 16, 1877, and the motion to vacate made November 15, 1887; but as the motion was made on the ground, not of any mere irregularity, but that the court never acquired jurisdiction to enter the judgment, the lapse of time does not affect the right to make the motion. A court may at any time clear its records of unauthorized and illegal entries therein. Heffner v. Gunz, 29 Minn. 108, (12 N. W. Rep. 342.)
The affidavit filed to authorize the…
2Cases cited4 opinions
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
- Heffner v. GunzSupreme Court of Minnesota · 1882
- Agin v. HeywardSupreme Court of Minnesota · 1861
- Hoyt v. McNeilSupreme Court of Minnesota · 1868
3Cited by17 opinions
- McNamara v. CasserlySupreme Court of Minnesota · 1895
- Hayes County v. WilemanNebraska Supreme Court · 1908
- Gilmore v. LampmanSupreme Court of Minnesota · 1902
- Cousins v. AlworthSupreme Court of Minnesota · 1890
- Phelps v. HeatonSupreme Court of Minnesota · 1900
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