Guernsey v. American Insurance
Supreme Court of Minnesota
This action was commenced in tbe Court of Common Pleas for the County of Ramsey, and comes to this Court by an appeal taken by the plaintiff, from an order granting a motion made to set aside the service of the summons. The case is fully stated in the opinion of the Court. I. —In a motion the moving party is confined to the grounds of motion stated by him, and no other can be considered. Buies of Court, 9; 6 Row.
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This action was commenced in tbe Court of Common Pleas for the County of Ramsey, and comes to this Court by an appeal taken by the plaintiff, from an order granting a motion made to set aside the service of the summons. The case is fully stated in the opinion of the Court. I. —In a motion the moving party is confined to the grounds of motion stated by him, and no other can be considered. Buies of Court, 9; 6 Row. Pr., 296 ; 1 Code, 4-9. II. ' — The return shows • that the defendant at the time of the service of the summons had property within the State of Minnesota; that the cause of action…
1Opinion of the Court
Berry,. J.
By the Qourt This action was brought in the Common Pleas, upon a policy of insurance issued by the defendant' to the plaintiff. The summons was served in the manner indicated in the following affidavit:
“ Morris Lamprey came before me personally, and being sworn says, that in said county on the seventh day of November, A. D. 1861, he served the within summons upon the American Insurance Company, which is well known to this deponent to be the same American Insurance. Company as the within named defendant, in the within entitled cause, and has property within said State, and the cause…
2Cited by10 opinions
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- First National Bank v. GallagherSupreme Court of Minnesota · 1912
- Vukelis v. Virginia Lumber Co.Supreme Court of Minnesota · 1909
- Mikolas v. Val Blatz Brewing Co.Supreme Court of Minnesota · 1920
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