Mackubin v. Smith
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellants: I. — Tho order of publication was granted by the Clerk of the Court, who was authorized by law to grant the same. La/ws of 1858, chap. 11, page 25. The granting of the order upon the affidavit was in the discretion of the Clerk, and cannot be vacated or set aside . by another officer of the same Court, after rights have been acquired under such order.
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APPEAL PROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellants: I. — Tho order of publication was granted by the Clerk of the Court, who was authorized by law to grant the same. La/ws of 1858, chap. 11, page 25. The granting of the order upon the affidavit was in the discretion of the Clerk, and cannot be vacated or set aside . by another officer of the same Court, after rights have been acquired under such order. Especially is this the case when no new facts are made to appear, and no injustice or hardship shown, and the motion to vacate hhe order, and proceedings bad…
1Opinion of the Court
By the Cowrt
Flandrau, J.
Appeal from order vacating and setting aside j udgment entered upon service of summons by publication. The affidavit upon which the order for publication was. granted, stated “That a summons had been issued in said action. That a cause of action existed on the part of the Plaintiffs against the Defendant, and that the said Defendant, Robert Smith, cannot, with due diligence, be found within the State, but is a resident of Alton, in the State of Illinois, and has property within the limits of this State, and that the action is upon contract,” &c.
Upon the motion to set…
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- Gemmell v. RiceSupreme Court of Minnesota · 1868
- Cohen v. Portland Lodge No. 142U.S. Circuit Court for the District of Oregon · 1906
- State v. StokelySupreme Court of Minnesota · 1871
- Werner Co. v. First National Bank of MiamisburgAppellate Court of Illinois · 1894
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