Deering Harvester Co. v. Donovan
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Sibley county, Cadwell, J., denying a motion to set. aside the judgment and all prior proceedings in the action, or to strike out the name of plaintiff wherever it appears in the title and elsewhere in the papers, records and proceedings therein.
1Opinion of the CourtBrown, J.
Action in claim and delivery for the possession of a harvester and binder. The property was taken in the proceedings, and delivered to plaintiff, and plaintiff has since retained it. Defendant had judgment in the court below for the return of the property, or its value, and plaintiff subsequently moved the court, upon affidavits and the judgment roll, to set the judgment and all prior proceedings aside, on the ground that the action was commenced and prosecuted without its knowledge or consent, and was wholly unauthorized. The motion was denied, and plaintiff appeals.
The court found as a fact…
2Cases cited4 opinions
- Burchard v. HullSupreme Court of Minnesota · 1898
- Anderson v. JohnsonSupreme Court of Minnesota · 1898
- White v. MadiganSupreme Court of Minnesota · 1899
- Dexter v. MorrowSupreme Court of Minnesota · 1899
3Cited by7 opinions
- C. W. Raymond Co. v. KahnSupreme Court of Minnesota · 1914
- Hunt v. RoosenSupreme Court of Minnesota · 1902
- In Re Petition of WipperSupreme Court of Minnesota · 1929
- Buffalo Land & Exploration Co. v. Hugh P. StrongSupreme Court of Minnesota · 1907
- People ex rel. Kuiper v. WindenSupreme Court of Colorado · 1978
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