Seurer v. Horst
Supreme Court of Minnesota
Plaintiff brought this action in a justice’s court, to recover the value of services alleged to have been performed for defendant. Because of the defect in the summons stated in the opinion, the defendant appeared specially and moved to dismiss, which motion the justice denied. Defendant then answered, and the cause proceeded to trial, judgment being rendered in favor of the plaintiff.
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Plaintiff brought this action in a justice’s court, to recover the value of services alleged to have been performed for defendant. Because of the defect in the summons stated in the opinion, the defendant appeared specially and moved to dismiss, which motion the justice denied. Defendant then answered, and the cause proceeded to trial, judgment being rendered in favor of the plaintiff. From this judgment defendant appealed to the municipal court of St. Paul, and, when the ease was called, again appeared specially and moved to dismiss because of the defect in the summons, which motion was…
1Opinion of the CourtDickinson, J.
1. The statute requires that the summons issued by a justice of the peace “shall be entirely filled up, and have no-blank either in date or otherwise, at the time of its delivery to an officer to be executed,” and declares that a summons “issued contrary to the provisions of this section shall be void.” Gen. St. 1878, c. 65, § 12. The summons in this case, requiring the defendant to appear before the justice “at ten o’clock in the * * * noon,” did not comply with this requirement, and was void. The justice should have dismissed the action upon the defendant’s motion. But after trial before…
2Cases cited2 opinions
- Craighead v. MartinSupreme Court of Minnesota · 1878
- Loyhed v. HansonSupreme Court of Minnesota · 1881
3Cited by10 opinions
- Fisher, Sons & Co. v. CrowleyWest Virginia Supreme Court · 1905
- Lyons v. MillerNorth Dakota Supreme Court · 1891
- Mann v. HvammenSouth Dakota Supreme Court · 1913
- Lucas v. BrownMissouri Court of Appeals · 1908
- Finke v. LukensmeyerSupreme Court of Minnesota · 1892
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