Dressel v. Brill

Wilson, C. J. and Dibell, J.

(dissenting.)

Where the summons fails to comply in any substantial particular with the requirements of the statute our decisions are, though often the question arises indirectly, that the defendant has the right to have the service set aside on motion seasonably made. See Oxman v. Modern Woodmen, 124 Minn. 390, 145 N. W. 171; Houlton v. Gallow, 55 Minn. 443, 57 N. W. 141; W. W. Kimball Co. v. Brown, 73 Minn. 167, 75 N. W. 1043; Lee v. Clark, 53 Minn. 315, 55 N. W. 127. In requiring the summons to state the amount of the lien and the improvement out of which it…