Legal Opinion

O'SELL v. Peterson

Court of Appeals of Minnesota

Decided June 29, 1999No. C7-98-2315PublishedCited by 9 opinions

1Opinion of the Court

OPINION

SHORT, Judge.

In this pre-trial appeal, James C. Peterson argues the trial court erred by denying his motion to dismiss for defective service of process. On appeal from an order denying his motion, Peterson argues his stepson was not a person “then residing therein” under Rule 4.03(a) of the Minnesota Rules of Civil Procedure. In the alternative, Peterson argues he is entitled to a jury trial on the question of his stepson’s residence.

FACTS

Esther O’Sell sued James C. Peterson for assault, battery, false imprisonment, intentional infliction of emotional distress, and negligence. On June…

2Cases cited27 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Thiele v. StichSupreme Court of Minnesota · 1988
  3. Hunt v. Nevada State BankSupreme Court of Minnesota · 1969
  4. Wichert v. CardwellWashington Supreme Court · 1991
  5. Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967

22 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Laura L. Walsh v. U.S. Bank, N.A.Supreme Court of Minnesota · 2014
  2. Steven J. Jaeger v. Palladium Holdings, LLC, Franklin Financial, LLCSupreme Court of Minnesota · 2016
  3. Van Note v. 2007 Pontiac, VIN 1G2ZH58N574139187Court of Appeals of Minnesota · 2010
  4. Smith v. FlotterudCourt of Appeals of Minnesota · 2006
  5. Laura L. Walsh v. U.S. Bank, N.A.Supreme Court of Minnesota · 2014

4 more not listed; retrieve them via the Exa API.

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