Lee v. O'Shaughnessy
Supreme Court of Minnesota
In 1860 suit was commenced in the district court for Ramsey county against Thomas O’Shaughnessy and Lucy his wife to foreclose a mortgage. The defendants appeared and answered.
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In 1860 suit was commenced in the district court for Ramsey county against Thomas O’Shaughnessy and Lucy his wife to foreclose a mortgage. The defendants appeared and answered. The defendant Thomas O’Shaughnessy died, and more than a year afterwards, and in the year 1871, upon affidavit setting forth the death of said defendant and the names of his heirs, and the administratrix of his. estate, plaintiff obtained an order that the defendants or their attorney show [cause why leave should not be granted to amend the summons by striking therefrom the name of the defendant Thomas O’Shaughnessy…
1Opinion of the Court
By the Court.
Berry, J.
Thomas O’Shaughnessy (who was the principal defendant in this action as it was originally commenced,) having deceased, plaintiff attempted to continue» the action by bringing in his (the said Thomas’s,) personal representative and heirs as defendants. Prom the language of the -order to-show cause, and the opinion of the court below, plaintiff’s counsel would seem to have fallen into the mistake of supposing that this might properly be accomplished by proceeding under section 104, ch. 66, Gen Stats., by which the allowance of amendments before or after judgment is…
2Cases cited6 opinions
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Manufacturers' & Mechanics' Bank of the Northern Liberties of the County of Philadelphia v. BoydNew York Supreme Court · 1846
- Taylor v. . TaylorNew York Court of Appeals · 1871
- Mackubin v. SmithSupreme Court of Minnesota · 1861
- Hornfager v. HornfagerNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
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