Dillon v. Porter
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Eedwood county, against four defendants, on their joint promissory notes. Three only of the defendants were served, and no one of the four answered or appeared. After expiration of the time for answering, the plaintiffs, on June 23, 1882, caused judgment to be entered against the three defendants served.
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Plaintiffs brought this action in the district court for Eedwood county, against four defendants, on their joint promissory notes. Three only of the defendants were served, and no one of the four answered or appeared. After expiration of the time for answering, the plaintiffs, on June 23, 1882, caused judgment to be entered against the three defendants served. On January 6, 1883, these defendants joined in a chattel mortgage to the plaintiffs, with condition for the payment to defendants of $1,315.40, “according to the condition of one certain judgment, dated June 23, 1882,” etc., being the…
1Opinion of the CourtBerry, J.
This action was brought against four defendants upon their joint promissory notes. Service was made upon three only, and, they having defaulted, judgment was entered against them alone by the clerk. Gren. St. 1878, c. 66, § 67, enacts that when the action is against two or more defendants jointly indebted upon a contract, *342and summons is served on one or more, but not on all of them, the plaintiff may proceed against those served, unless the court otherwise directs; and, if he recovers judgment, it may be entered against all of the defendants thus jointly indebted, so far only as that it may…
2Cases cited6 opinions
- White v. CrowSupreme Court of the United States · 1884
- Egan v. SengpielWisconsin Supreme Court · 1879
- Frankfurth v. AndersonWisconsin Supreme Court · 1884
- Prignitz v. FischerSupreme Court of Minnesota · 1860
- Holton v. MeighenSupreme Court of Minnesota · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lane v. InnesSupreme Court of Minnesota · 1890
- Spaulding & Co. v. ChapinCalifornia Court of Appeal · 1918
- Hersey v. GeorgeSupreme Court of Minnesota · 1888
- In Re Estate of ButlerSupreme Court of Minnesota · 1931
- Mielke v. NelsonSupreme Court of Minnesota · 1900
3 more not listed; retrieve them via the Exa API.