Northwest Thresher Co. v. Herding
Supreme Court of Minnesota
Application to the district court for Nobles county to open a default judgment. The motion was granted, Nelson, J. From the order vacating the judgment and allowing defendant to defend, plaintiff appealed.
1Opinion of the CourtHallam, J.
On April 4, 1906, plaintiff commenced this action to recover a balance due on two promissory notes given for a threshing outfit. After the commencement of the action defendant filed in the United States district court a petition in bankruptcy and scheduled this debt as a liability, and on February 2, 1907, was discharged from his debts, including this debt. Defendant interposed no answer. Notwithstanding the fact that its claim hád been discharged, plaintiff, on September 12, 1907, took judgment against defendant. There is no claim that defendant had any knowledge that plaintiff had taken…
2Cases cited6 opinions
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Milwaukee Harvester Co. v. SchroederSupreme Court of Minnesota · 1898
- Crocker v. BerghSupreme Court of Minnesota · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hursh v. EdgerlySupreme Court of Minnesota · 1955
- Davenport v. SackettSupreme Court of Minnesota · 1939