Coleman v. Akers
Supreme Court of Minnesota
Appeal by plaintiffs from an order of tbe municipal court of St. Paul, Hiñe, J., vacating a judgment by default entered against defendant, and dismissing tbe action for want of prosecution.
1Opinion of the CourtCollins, J.
Plaintiffs brought an action in tbe St. Paul municipal court to recover upon a contract for tbe payment of money only, and caused tbe summons to be personally served on defendant January 26, 1894. Tbe latter failed to answer, but no steps whatsoever were taken towards entering judgment against him until November 5, 1901, — almost eight years after service of tbe summons. Tbe summons, with proof of service, an affidavit showing default, and one of costs and disbursements, were then filed, and judgment was then entered. Defendant immediately moved to set aside and vacate this judgment as…
2Cases cited4 opinions
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Willard v. WoodSupreme Court of the United States · 1896
- St. Paul, Minneapolis & Manitoba Railway Co. v. EckelSupreme Court of Minnesota · 1901
- Taylor v. WhitneySupreme Court of Minnesota · 1894
3Cited by5 opinions
- Appeal of Anderson v. BarlowSupreme Court of Minnesota · 1922
- Industrial Loan & Thrift Corp. v. BensonSupreme Court of Minnesota · 1945
- Crocker v. BerghSupreme Court of Minnesota · 1912
- Davis v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1930
- Roscoe Black Co. v. Ar-En Co. and OthersSupreme Court of Minnesota · 1931