Lunschen v. Peterson
Supreme Court of Minnesota
Action in the district court for Lincoln county to vacate a judgment for $770.75 against plaintiff, to cancel and expunge from the record an execution, levy and certificate of sale thereunder.
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Action in the district court for Lincoln county to vacate a judgment for $770.75 against plaintiff, to cancel and expunge from the record an execution, levy and certificate of sale thereunder. The ¡amended complaint alleged that the judgment was null and void Because no summons was ever served on plaintiff; that plaintiff never appeared in the action either in person or by attorney; that the defendant never acquired or had jurisdiction over his person; that the value of the real estate involved was over $10,000; set out the facts concerning the docketing of said judgment, the issue of…
1Opinion of the CourtHolt, J.
Two actions were brought by plaintiff against Gr. L. Peterson; one being for the recovery of possession of 173 acres of land in Lincoln county, in which case Peterson’s tenant was also a party defendant, and the other to remove a cloud from the title to said land. When the cases were reached for trial, it was arranged to have both •disposed of by the trial of one issue to the jury then impaneled.
The issue then agreed upon as determinative of each case was whether or not the' summons had been served upon E. Lunschen, in an action wherein the defendant Peterson herein was plaintiff and the…
2Cases cited4 opinions
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Vaule v. MillerSupreme Court of Minnesota · 1897
- Allen v. McIntyreSupreme Court of Minnesota · 1894
- Knutson v. DaviesSupreme Court of Minnesota · 1892
3Cited by2 opinions
- Kueffner v. GottfriedSupreme Court of Minnesota · 1922
- Brown v. ReinkeSupreme Court of Minnesota · 1924