Marin v. Potter
North Dakota Supreme Court
Appeal from District Court, LaMoure county; Burke, J. Action by W. A. Marin against C. A. Potter. Judgment for plaintiff. From an order granting application to open default, plaintiff appeals. Proof by affidavit can only be made by a statement of facts from which the ultimate conclusion may be drawn. 1 Enc. PI. & Pr. 322; Noble v. Kreuzhamp, 111 Pa.
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Appeal from District Court, LaMoure county; Burke, J. Action by W. A. Marin against C. A. Potter. Judgment for plaintiff. From an order granting application to open default, plaintiff appeals. Proof by affidavit can only be made by a statement of facts from which the ultimate conclusion may be drawn. 1 Enc. PI. & Pr. 322; Noble v. Kreuzhamp, 111 Pa. St. 68; Bank v. Loucheim, 8 N. Y. Supp. 520; Thompson v. Best, 4 N. Y. Supp. 229; Powell v. Kane, 5 Paige, 265; Duanesburgh v. Jenkins, 40 Barb. 574. An affidavit denying personal service was not submitted to attack the jurisdiction but to show…
1Opinion of the CourtEngerud, J.
This is an appeal by plaintiff from an order granting defendant’s application to open a default judgment and serve an answer.
The judgment appears to have been regularly entered. The complaint is in the usual form for the recovery of the sum due in two promissory notes executed by defendant. The affidavit of service attached to, and filed with, the summons and complaint, is regular in form and shows that the summons and complaint were served upon the defendant personally in LaMoure county, on September 11, 1903, by handing to and leaving with the defendant true copies of said papers. On the…
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