Perkins v. Gibbs
Supreme Court of Minnesota
Judgment by default in an action to quiet title was entered in the district court for Cook county on July 31, 1905. On March 21, 1908, Clara J. Gibbs, one of the defendants, by her guardian ad litem, moved to vacate the judgment on the ground the court had no jurisdiction to enter it. This motion and one to permit defendant to interpose an answer on the merits were -dismissed, Cant, J. From an order denying both motions, she appealed.
1Opinion of the CourtStart, C. J.
This action was brought in the district court of the county of Cook to determine adverse claims to the lands described in the complaint. The relief prayed, so far as here material, was judgment that the plaintiff be adjudged the owner in fee of the lands and that his title thereto be quieted as against the claims of the defendant Clara J. Gibbs. She did not appear in the action. Judgment granting the relief demanded was entered on July 31, 1905. On March 21, 1908, the defendant,, by her guardian ad litem, moved the district court to vacate the judgment on the ground that the court had no…
2Cases cited3 opinions
- Corson v. ShoemakerSupreme Court of Minnesota · 1893
- Easton v. ChildsSupreme Court of Minnesota · 1897
- Stai v. SeldenSupreme Court of Minnesota · 1902
3Cited by4 opinions
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Canty v. BockenstedtSupreme Court of Minnesota · 1927
- Haney v. HaneySupreme Court of Minnesota · 1925
- Gibbs v. Alger, Smith & Co.Court of Appeals for the Eighth Circuit · 1912