Town of Hinckley v. Kettle River Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Pine county, Crosby, J., denying a motion to vacate a judgment by default. G. S. 1894, § 5203, authorizing the service attempted to be made in this case, is unconstitutional. Statutes authorizing constructive and substituted, service upon persons actually resident within a state where the proceeding is in personam and not in rem are unconstitutional and void.
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Appeal by defendant from an order of the district court for Pine county, Crosby, J., denying a motion to vacate a judgment by default. G. S. 1894, § 5203, authorizing the service attempted to be made in this case, is unconstitutional. Statutes authorizing constructive and substituted, service upon persons actually resident within a state where the proceeding is in personam and not in rem are unconstitutional and void. Bardwell v. Collins, 44 Minn. 97; Smith v. Hurd, 50 Minn. 503; Webster v. Reid, 11 How. 437; Cooper v. Reynolds, 10 Wall. 308; Pennoyer v. Neff, 95 U. S. 714; Lonkey v. •Keyes,…
1Opinion of the CourtMitchell, J.
The defendant, a domestic corporation, was organized for the purpose of constructing and operating a short railroad, about four miles ' long, within the limits of the plaintiff town, commencing at a point on the line of the St. Paul & Duluth railroad.
In 1886, the town, in pursuance of the provisions of Laws 1877, c. 106 (G. S. 1894, §§ 2771-2783), voted to issue to the defendant company its bonds to the amount of $12,000, bearing interest, to aid in the construction of the road. The road was completed and put in operation about January 1, 1888, and the bonds of the town to the amount voted…
2Cases cited1 opinion
- Bardwell v. CollinsSupreme Court of Minnesota · 1890
3Cited by17 opinions
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- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- In re Willow CreekOregon Supreme Court · 1914
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Mabee v. McDonaldTexas Supreme Court · 1915
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