Legal Opinion

Millette v. Mehmke

Supreme Court of Minnesota

Decided December 11, 1879PublishedCited by 14 opinions

Appeal by defendant from a judgment on failure to answer, entered against him in the district court for. Ramsey county.

1Opinion of the CourtGilfillan, C. J.

The summons was served with a copy of the complaint, but instead of referring to such copy as that which defendant was required to answer,- the summons required him to answer the complaint “which has been filed in the office of the clerk,” etc. No complaint, was filed.

Within the decision in Tuller v. Caldwell, 3 Minn. 67, (117,) the court acquired no jurisdiction by such service. But we think that decision goes too far, and the correct rule to be that if the summons is regular on its face,.and is served in the.manner provided by statute, the court, thereby acquires jurisdiction; and that if…

2Cases cited3 opinions

  1. McArdle v. McArdleSupreme Court of Minnesota · 1866
  2. Gates v. ThatcherSupreme Court of Minnesota · 1866
  3. Hawke v. BanningSupreme Court of Minnesota · 1859

3Cited by14 opinions

  1. Lee v. ClarkSupreme Court of Minnesota · 1893
  2. Francis v. KnerrSupreme Court of Minnesota · 1921
  3. Trebby v. SimmonsSupreme Court of Minnesota · 1888
  4. Meharg v. Alabama Power Co.Supreme Court of Alabama · 1918
  5. Houlton v. GallowSupreme Court of Minnesota · 1893

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