Wieland v. Shillock
Supreme Court of Minnesota
This is an appeal by defendant from an order of tbe dis-trict court for Hennepin county, Vanderbwrgh, J., presiding, overruling a demurrer to the complaint in this action.
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This is an appeal by defendant from an order of tbe dis-trict court for Hennepin county, Vanderbwrgh, J., presiding, overruling a demurrer to the complaint in this action. The demurrer was for want of jurisdiction of the court over the subject of the action, and for failure of the complaint to state a cause of action. argued that this case was distinguishable from Wieland v. Shillock, 23 Minn. 227, because there the action was brought within one year from actual notice of the fraudulent judgment, while here more than a year had expired before the action was instituted; and that therefore the…
1Opinion of the CourtBerry, J.
The complaint alleges that in 1868 the defendant Shillock commenced an action against the plaintiffs in the district court of Hennepin county, by personal service of summons; that on April 28, 1869, he recovered a money judgment therein upon the plaintiffs’ default, and that the judgment was procured by fraudulent practice and false testimony of Shillock before the referee by whom the damages in the action were assessed. The complaint further alleges that the plaintiffs did not appear in said action, and that they had no notice of, the proceedings therein, or of the judgment, except as they…
2Cases cited3 opinions
- Wilson v. Red Wing School DistrictSupreme Court of Minnesota · 1876
- Wieland v. ShillockSupreme Court of Minnesota · 1876
- Johnston v. PaulSupreme Court of Minnesota · 1876
3Cited by10 opinions
- Griswold Linseed Oil Co. v. LeeSouth Dakota Supreme Court · 1891
- Hass v. BillingsSupreme Court of Minnesota · 1889
- Humphrey v. GerardSupreme Court of Connecticut · 1910
- Peters v. City of DuluthSupreme Court of Minnesota · 1912
- State v. ProutySupreme Court of Iowa · 1900
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