Lowry v. Harris
Supreme Court of Minnesota
This action was commenced in June, 1860, by William D. Lowry, in the district court for Olmsted county, against James II. Harris and Samuel B. Woodbury. The plaintiff, William D. Lowry, dying during its pendency, the children of the deceased (present plaintiffs) were substituted parties plaintiffs.
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This action was commenced in June, 1860, by William D. Lowry, in the district court for Olmsted county, against James II. Harris and Samuel B. Woodbury. The plaintiff, William D. Lowry, dying during its pendency, the children of the deceased (present plaintiffs) were substituted parties plaintiffs. The allegations of the complaint are substantially, that on the 10th day of November, 1855, the defendant, Samuel B. Woodbury, being the owner and seized'in fee of certain lands in said county therein described, sold and agreed to convoy the undivided one-fourth part of said lands to George S.…
1Opinion of the Court
By the Gowrtr
McMillan, J.
The objection to the summons served upon Woodbury, the co-defendant of the appellant in this case, if in any event available to the appellant, is *264not well founded. It lias already been determined that a summons is not process within Sec. 14, Art. 6 of the Constitution of this State. Hanna et al vs. Russell ante page 80.
It may be necessary to the entire relief sought by the plaintiffs, that the widow and administratrix be made a party to this action, and the grantees of Lowry 'would perhaps bo proper parties to the action. As to the latter, if they are necessary…
2Cases cited3 opinions
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Commercial Bank of Pennsylvania v. Union Bank of New-YorkNew York Court of Appeals · 1854
- Stratton v. AllenSupreme Court of Minnesota · 1862
3Cited by24 opinions
- State Ex Rel. Ging v. Board of EducationSupreme Court of Minnesota · 1942
- Prentice v. Duluth Storage & Forwarding Co.Court of Appeals for the Eighth Circuit · 1893
- Bank of Willmar v. LawlerSupreme Court of Minnesota · 1899
- In Re Trusteeship Under Last Will of RosenfeldtSupreme Court of Minnesota · 1931
- Koochiching Co. v. FransonSupreme Court of Minnesota · 1904
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