Lash v. McCormick
Supreme Court of Minnesota
The plaintiff, claiming to be the owner in fee simple of certain real estate in Ramsey county, brought this action in the district court for that county, to recover possession thereof. The defendant answered, admitting his possession of the premises in question, and alleging that the plaintiff’s title is based upon' the pretended foreclosure of a certain mortgage on said premises, executed by the defendant to plaintiff.
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The plaintiff, claiming to be the owner in fee simple of certain real estate in Ramsey county, brought this action in the district court for that county, to recover possession thereof. The defendant answered, admitting his possession of the premises in question, and alleging that the plaintiff’s title is based upon' the pretended foreclosure of a certain mortgage on said premises, executed by the defendant to plaintiff. He alleges that in 1864 the plaintiff was proceeding to foreclose such mortgage by advertisement, but that before sucb sale, he obtained a writ of injunction from the district…
1Opinion of the Court
By the Court.
-McMillaN, J.
The only point made by the appellant is, that the summons in the action in which the injunction was allowed, never having been served on the defendant, or delivered to the sheriff for service, no action was in fact commenced, and the writ of injunction was necessarily void, and the whole proceedings coram non judice.
It appears by the finding of the court below, that the complaint and summons were filed in the office of the clerk of the court, and the injunction allowed by the court com*484missioner on the 13th of October, 1864-, The proceedings in question took place…
2Cases cited3 opinions
- People v. SpaldingNew York Court of Chancery · 1831
- Depeyster v. GravesNew York Court of Chancery · 1816
- Parker v. WilliamsNew York Court of Chancery · 1834
3Cited by3 opinions
- Gillie v. FlemingIndiana Supreme Court · 1922
- Willsie v. Rapid Valley Horse-Ranch Co.South Dakota Supreme Court · 1895
- Wilder v. State Ex Rel. SeaverCourt of Criminal Appeals of Oklahoma · 1924