Nelson v. McNulty
Supreme Court of Minnesota
Defendant appeared specially before the district court for Traverse county and moved the court to set aside the service of summons in this action because the same was invalid, in that he was served while in Minnesota for the purpose of attending the taking of a deposition as attorney in an action then pending in the circuit court for South Dakota. The motion was denied, Flaherty, J. From the order denying the motion, defendant appealed.
1Opinion of the CourtBrown, C. J.
Appeal from an order denying defendant’s motion to vacate and set *318aside the service of the summons in the action. The facts are as follows:
At the time of the commencement of this action, there was pending in the circuit court of the state of South Dakota a certain action, in which the receiver of the Independent Elevator Company, a South Dakota corporation, was plaintiff, and the Hallett & Carey Company, a corporation, was defendant. Defendant is an officer of the Independent Elevator Company and was one of the attorneys for the receiver in that action. He is a practicing attorney of South…
2Cases cited7 opinions
- Parker v. . MarcoNew York Court of Appeals · 1893
- Mullen v. SanbornCourt of Appeals of Maryland · 1894
- Greer v. YoungIllinois Supreme Court · 1887
- Case v. HoffmanWisconsin Supreme Court · 1893
- Sherman v. GundlachSupreme Court of Minnesota · 1887
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3Cited by7 opinions
- Wangler v. HarveySupreme Court of New Jersey · 1963
- State ex rel. Johnson v. Tautges, Rerat & WelchNebraska Supreme Court · 1945
- Durst v. Tautges, Wilder & McDonaldCourt of Appeals for the Seventh Circuit · 1930
- Chicago, Burlington & Quincy Railroad v. DavisNebraska Supreme Court · 1924
- Cefis v. CefisCourt of Appeals of Minnesota · 1996
2 more not listed; retrieve them via the Exa API.