Duenow v. Lindeman

Peterson, Justice.

Defendants, having moved to vacate the judgment entered against them by default and for leave to answer, appeal from the order denying their motion.

There are three questions for decision: (1) Whether defendants can raise for the first time on appeal the question whether they were entitled under § 548.16 to notice of the proceedings in which the judgment was entered; (2) whether a default judgment is void for want of jurisdiction where the complaint alleges a cause of action for wrongfully interfering with the natural drainage and flowage <of surface waters from plaintiffs’…