Miller v. First National Bank
Supreme Court of Minnesota
Action in the district court for Norman county to set aside a judgment against plaintiff and an execution sale of premises upon which the judgment was levied, and for an accounting of the rents and the profits of the property so sold. The case was tried before G-rindeland, J., who made findings and ordered judgment in favor of defendants. Prom' an order denying her motion for a new trial, plaintiff appealed.
1Per curiam
This action was brought to set aside a judgment, and proceedings subsequently had thereon, on the grounds: (1) That there was no service of the summons in the action; and (2) that the judgment was procured by fraud "and perjury. At the trial below it appeared without serious dispute that the summons was duly served, thus disposing of the first ground of the action. *464The only evidence offered in support of the claim that the judgment was procured hy fraud and perjury was that plaintiff, defendant in that action, was not indebted to the plaintiff therein, defendant here; that her signature to…
2Cases cited5 opinions
- Stewart v. DuncanSupreme Court of Minnesota · 1889
- Henry v. MeighenSupreme Court of Minnesota · 1891
- Young v. LindquistSupreme Court of Minnesota · 1914
- Hayward v. LarrabeeSupreme Court of Minnesota · 1908
- Cremer v. MicheletSupreme Court of Minnesota · 1911
3Cited by3 opinions
- Employers' Liability Assurance Corp. v. PerkinsCourt of Appeals of Maryland · 1935
- In Re Estate of JordanSupreme Court of Minnesota · 1937
- Parsons v. ParsonsWest Virginia Supreme Court · 1926