Legal Opinion

Yanish v. Pioneer Fuel Co.

Supreme Court of Minnesota

Decided February 16, 1895No. 9141PublishedCited by 3 opinions

Action in the district court for Ramsey county by the assignee of St. Paul Electric Manufacturing & Construction Company to set aside a judgment against said company for $1,395 in favor of the defendant corporation, a levy upon execution, and a sale thereunder of certain real estate belonging to the insolvent. From an order denying in part plaintiffs motion to amend the findings, and from an order denying a new trial, Willis, J., plaintiff appealed.

1Opinion of the CourtCanty, J.

On September 25, 1893, the St. Paul Electric Manufacturing & Construction Company was indebted to the defendant, the Pioneer Fuel Company, on a pre-existing debt, and on that day the .latter commenced an action against the former to recover said debt, ■and on October 18 — -23 days thereafter — entered and docketed judgment by default for want of an answer, but the complaint was not filed in the clerk’s office until the day before the judgment was entered. Ten days thereafter — on October 28 — the electric company made an assignment for the benefit of its creditors under the insolvency-law of…

2Cases cited3 opinions

  1. Wilson v. City BankSupreme Court of the United States · 1873
  2. In re Church & Graves Manufacturing Co.Supreme Court of Minnesota · 1889
  3. Wright v. Fergus Falls Nat. BankSupreme Court of Minnesota · 1892

3Cited by3 opinions

  1. Yanish v. Pioneer Fuel Co.Supreme Court of Minnesota · 1896
  2. Bean v. SchefferSupreme Court of Minnesota · 1897
  3. Fisher v. UtendorferSupreme Court of Minnesota · 1897

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