Berryhill v. Sepp
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,205 for professional services performed by plaintiff’s assignor at the request of defendant. Judgment was entered by default on December 24, 1907. On March 19, 1908, defendant appearing specially and moving to set aside the attempted service of. summons and complaint and to vacatfe the judgment on the ground that defendant never obtained jurisdiction-of him, obtained an order to show cause.
Read the full summary
Action in the district court for Ramsey county to recover $1,205 for professional services performed by plaintiff’s assignor at the request of defendant. Judgment was entered by default on December 24, 1907. On March 19, 1908, defendant appearing specially and moving to set aside the attempted service of. summons and complaint and to vacatfe the judgment on the ground that defendant never obtained jurisdiction-of him, obtained an order to show cause. The substance of the moving affidavits is given in the last paragraph of the opinion. On the return day, plaintiff moved for the discharge of…
1Opinion of the CourtJaggard, J.
Summons in this action was served upon the defendant by the-sheriff, according to his return, “by then and there handing to and leaving a true and correct copy thereof at the house of * * * usual abode with [a daughter of defendant], a person of suitable age and discretion then residing therein.” Judgment by default was entered.. On motion the court set aside the service and vacated the judgment. The only question in this case is whether the summons was served upon the defendant at the house of his usual abode.
It appeared that the daughter advised the father of the service of the summons.…
2Cases cited17 opinions
- Earle v. McVeighSupreme Court of the United States · 1876
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Bechtel v. BechtelSupreme Court of Minnesota · 1907
- Capehart v. CunninghamWest Virginia Supreme Court · 1878
- Mygatt v. CoeSupreme Court of New Jersey · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Wuchter v. PizzuttiSupreme Court of the United States · 1928
- Sheldon v. FettigWashington Supreme Court · 1996
- Williams v. Capital Transit Co. Williams v. DouglasCourt of Appeals for the D.C. Circuit · 1954
- Grote v. RogersCourt of Appeals of Maryland · 1930
- Bell Federal Savings & Loan Ass'n v. HortonAppellate Court of Illinois · 1978
30 more not listed; retrieve them via the Exa API.