Russell v. Blakeman
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, to enforce a lien for lumber furnished to defendant Gunn for use and used in erecting a house in Minneapolis, under contract with one Tice, the owner. Blakeman and three others were made defendants as having or claiming “some estate, interest, or lien in or on the premises aforesaid,” which lien, if any exist, the complaint alleges to be subordinate to that of plaintiff.
Read the full summary
Plaintiff brought this action in the district court for Hennepin county, to enforce a lien for lumber furnished to defendant Gunn for use and used in erecting a house in Minneapolis, under contract with one Tice, the owner. Blakeman and three others were made defendants as having or claiming “some estate, interest, or lien in or on the premises aforesaid,” which lien, if any exist, the complaint alleges to be subordinate to that of plaintiff. The complaint prays that the interests and liens, if any, of such defendants be adjudged subordinate to that of plaintiff, that their right of…
1Opinion of the CourtVanderburgh, J.
This is an appeal from an order vacating and setting aside a judgment and subsequent proceedings thereon, and granting the defendant Blakeman leave to serve an answer in the ease. No specific rule can be laid down for the exercise of the discretion of the trial courts in such cases, and the appellate court, in reviewing their decisions upon such applications, will only look into the proceedings so far as to see whether there has been any abuse of discretion. Upon the whole record in this ease considered together, we are unable to say that the application was not meritorious, or that the order…
2Cases cited2 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- Gould v. MortimerNew York Supreme Court · 1863
3Cited by5 opinions
- B.W.L. Sam v. StateArizona Supreme Court · 1928
- High v. Supreme LodgeSupreme Court of Minnesota · 1940
- Estate of Ralph v. KeleherArizona Supreme Court · 1937
- Zetah v. IsaacsCourt of Appeals of Minnesota · 1988
- Integrity Mutual Casualty Co. v. NelsonSupreme Court of Minnesota · 1921