Heinrich v. Englund
Supreme Court of Minnesota
The plaintiffs commenced this action in the district court for Wright county by personal service of the summons with a copy of the complaint attached. The allegations of the complaint were: “First. That on the 13th day of March, 1883, at the town of Cokato, Wright county, an account was. stated between the plaintiffs and the defendant, and upon such statement a balance of $695 was found to be due from said defendant to the plaintiffs. Second.
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The plaintiffs commenced this action in the district court for Wright county by personal service of the summons with a copy of the complaint attached. The allegations of the complaint were: “First. That on the 13th day of March, 1883, at the town of Cokato, Wright county, an account was. stated between the plaintiffs and the defendant, and upon such statement a balance of $695 was found to be due from said defendant to the plaintiffs. Second. That no part thereof has been paid.” The prayer for judgment was in the usual form. The defendant duly appeared by attorney, but made no answer.…
1Opinion of the CourtMitchell, J.
Appeal from an. order denying a motion to vacate the judgment and dismiss the action. The grounds upon which the *396motion was made were, in substance, (1) that the complaint did not state a cause of action; (2) that the clerk of the court had no authority to enter the judgment.
1. We think the complaint was good; certainly so after judgment. The expressions “account stated” and “to state an account” have a well-understood meaning. The allegations of the complaint that an account was stated between plaintiffs and defendant, and that upon such statement a certain balance was found due from the…
2Cases cited6 opinions
- Bouslog v. GarrettIndiana Supreme Court · 1872
- Dorr v. MickleySupreme Court of Minnesota · 1870
- Brown v. EatonNew York Supreme Court · 1869
- Dix v. Palmer & SchoolcraftNew York Supreme Court · 1851
- Libby v. MikelborgSupreme Court of Minnesota · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Guadalupe Guadalupe v. RodríguezSupreme Court of Puerto Rico · 1950
- Sommers v. ThomasSupreme Court of Minnesota · 1958
- Steinmetz v. GrennonOregon Supreme Court · 1923
- Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
- Fred Miller Brewing Co. v. Capital InsuranceSupreme Court of Iowa · 1900
18 more not listed; retrieve them via the Exa API.