Weller v. Hammer
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Brill, J., presiding, denying his motion to set aside a judgment of $348.12, entered on failure to answer, and for leave to serve an answer.
1Opinion of the CourtVanderburgh, J.
The defendant, after the plaintiff had taken judgment as upon default, moved the court to set aside the judgment, *196upon affidavits showing that the plaintiff had agreed to extend the time for answering, and that an answer had been served in time. This motion was denied, it appearing, among other things, that there was no written stipulation, and no legal service of an answer. The present motion was made to set aside the judgment, and for leave to-answer, upon substantially the same facts, except that the affidavit, shows that defendant’s counsel “understood” plaintiff’s attorney to-grant such…
2Cited by4 opinions
- Carlson v. CarlsonSupreme Court of Minnesota · 1892
- Stacy v. StephenSupreme Court of Minnesota · 1900
- Wood v. SteilSupreme Court of Oklahoma · 1910
- Dufour v. BensonSupreme Court of Minnesota · 1962