McDonald v. Tetrault
Supreme Court of Minnesota
Action in the district court for Rice county to recover $225 upon a debt evidenced by a check. Judgment by default was entered. From an order, Childress, J., granting defendants’ motion to vacate the judgment and be allowed to serve their answer, plaintiff appealed.
1Opinion of the Court
QÚinn, J.
Appeal from an order of the district court of Rice county opening a default judgment and permitting defendants to answer.
*62The summons and complaint were served upon the defendants personally on December 24, 1920. Judgment was entered and execution issued on January 14, 1921. Defendants procured an order returnable February 26, 1921, citing plaintiff to show cause why the judgment should not be opened and defendants allowed to serve an answer to the complaint. The matter was heard upon the summons and complaint, the proposed answer, and affidavits filed by the respective parties,…
2Cases cited4 opinions
- Saupp v. StreitSupreme Court of Pennsylvania · 1917
- Wilhelm v. MitchellCourt of Appeals of Maryland · 1917
- Abbott v. Western Union Telegraph Co.Supreme Court of Minnesota · 1902
- Stahl v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1896
3Cited by1 opinion
- Roe v. WidmeSupreme Court of Minnesota · 1934