Juster v. Court of Honor
Supreme Court of Minnesota
Defendant appeared specially for the purpose of the motion only and moved the municipal court of St. Paul to vacate (1) the service of summons and complaint, (2) the return of service of the summons and complaint, and (3) judgment entered in favor of plaintiff for $547.25. The ground of the motion was that the court did not acquire jurisdiction in the action over the defendant. The motion was denied, Pinehout, J. Prom the order denying the motion, defendant appealed.
1Opinion of the CourtPhilip E. Brown, J.
The plaintiff attempted to bring an action against the defendant, a foreign insurance company, in the municipal court of St. Paul on December 16, 1911, by serving copies of the summons and complaint in Minneapolis on one asserted to be the defendant’s general manager for this state. The complaint set out a cause of action on contract, based upon an insurance policy issued by the defendant to one Singer, and under which the plaintiff, as beneficiary, claimed the sum of $500, with interest thereon at 6 per cent, per annum from August 26, 1910. On December 30, 1911, judgment by default was…
2Cases cited4 opinions
- Gould v. JohnstonSupreme Court of Minnesota · 1877
- Duresen v. BlackmarrSupreme Court of Minnesota · 1912
- Shatto v. LathamSupreme Court of Minnesota · 1884
- Crawford v. Hurd Refrigerator Co.Supreme Court of Minnesota · 1894
3Cited by2 opinions
- Otis Elevator Co. v. United StatesDistrict Court, S.D. New York · 1937
- Singer v. Court of HonorSupreme Court of Minnesota · 1913