Jorgensen v. Boehmer
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP CARVER COUNTY. Points and authorities of Respondents. I. — A motion to set aside a judgment, and for leave to answer, is addressed to the discretion of the Court, and an order granting the same is not appealable, except in cases of palpable abuse of the discretion possessed by the Court. My rich vs. Pierce, 5th Minn. B., 65; Swift vs. Fletcher, 6 Minn. B., 550; Merritt vs. Putnam et al., 'Uh Minn. B., 498.
1Opinion of the Court
By the Court
McMillan, J.
This is an appeal from an order of the District Court, setting aside a judgment as to the Defendant Catherine Boehmer, and granting certain relief to the Defendant William Boehmer, upon terms Avhich appear in the order.
The summons in the action was served on the Defendants, Catharine and William Boehmer, on the 31st day of July, 1862, as appears by the return of the sheriff of McLeod county. A notice of retainer was served by Frank Warner, attorney for Defendants, the date of the service of which appears to be the 15th of August, 1862. Judgment was entered on the 23d…
2Cases cited1 opinion
- Myrick v. PierceSupreme Court of Minnesota · 1860
3Cited by5 opinions
- Baxter v. ChuteSupreme Court of Minnesota · 1892
- Barker v. KeithSupreme Court of Minnesota · 1865
- White v. CulverSupreme Court of Minnesota · 1865
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893
- Reagan v. MaddenSupreme Court of Minnesota · 1871