Lovin v. Hicks
Supreme Court of Minnesota
Action in tbe district court for Mahnomen county to recover $200.18, balance alleged to be due upon a certain contract of sale. Judgment against defendant was entered by default on November 4, 1910. On May 6, 1911, he gave notice of motion to set aside the judgment on the ground that the court never acquired jurisdiction over him. The motion was denied, Grindeland, J. From the order denying the motion defendant appealed.
1Opinion of the CourtBunn, J.
This is an appeal from an order denying defendant’s motion to vacate the judgment rendered against him in this action, on the ground that the summons was not served upon him. The return of service by the sheriff certified that he served the summons and complaint upon the defendant H. M. Hicks by leaving a true and correct copy thereof “at his last usual place of abode, Thief Eiver Falls, with one Mrs. IT. M. Hicks, a person of suitable age and discretion then resident therein.”
The facts, as shown by the affidavits used on the hearing, were these: lots 1 and 2, block 37, Thief Eiver Falls,…
2Cases cited5 opinions
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Kibbe v. BensonSupreme Court of the United States · 1874
- Missouri, Kansas & Texas Trust Co. v. NorrisSupreme Court of Minnesota · 1895
- Lee v. MacfeeSupreme Court of Minnesota · 1890
- Brigham v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1900
3Cited by15 opinions
- Rosa v. CantrellCourt of Appeals for the Tenth Circuit · 1982
- Wise v. HerzogCourt of Appeals for the D.C. Circuit · 1940
- New England Novelty Co. v. SandbergMassachusetts Supreme Judicial Court · 1944
- Field v. WebberSupreme Judicial Court of Maine · 1933
- Leland v. HeibergSupreme Court of Minnesota · 1923
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