Potter v. Holmes
Supreme Court of Minnesota
Appeals by the defendants from a judgment in favor of plaintiffs for $14,056.12, entered October 23, 1897, and from an order, dated August 5, 1898, of the district court for Aitkin county, Holland, J., refusing to vacate the judgment and allow defendants to answer the amended complaint.
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Appeals by the defendants from a judgment in favor of plaintiffs for $14,056.12, entered October 23, 1897, and from an order, dated August 5, 1898, of the district court for Aitkin county, Holland, J., refusing to vacate the judgment and allow defendants to answer the amended complaint. The exercise of the mere discretion of the court ought to tend in a reasonable degree, at least, to bring about a judgment on the very merits of the case, and when the circumstances are such as to lead the court to hesitate, upon motion, to open the default, it is better, as a general rule, that the doubt…
1Opinion of the CourtBuck, J.
There are two appeals in this case. One is from the judgment, and the other from the order of the district court denying the application of the defendants to set aside the judgment, entered October 23, 1897, against them as on default, and for leave to answer the plaintiffs’ amended complaint.
The action was brought to recover the purchase price of certain railroad ties claimed by the plaintiffs to have been furnished the defendants on a written contract. The defendants demurred to the complaint, which was overruled, and the defendants answered, and plaintiffs replied. The case went to trial…
2Cases cited2 opinions
- Potter v. HolmesSupreme Court of Minnesota · 1898
- Potter v. HolmesSupreme Court of Minnesota · 1896
3Cited by5 opinions
- Sommers v. ThomasSupreme Court of Minnesota · 1958
- Barrie v. Northern Assurance Co.Supreme Court of Minnesota · 1906
- White v. GurneySupreme Court of Minnesota · 1904
- Walsh v. BoyleSupreme Court of Minnesota · 1905
- State & Port Authority v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1946