Shatto v. Latham
Supreme Court of Minnesota
Action upon a promissory note, brought in the municipal court of Minneapolis. The summons was served personally upon the defendant in Wright county, and judgment by default was entered in favor of plaintiff. Thereupon defendant appeared specially, and, upon affidavit showing that the summons had never been served upon him excepting in Wright county, moved to have the judgment set aside and vacated, on the ground that the court had no jurisdiction to render it.
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Action upon a promissory note, brought in the municipal court of Minneapolis. The summons was served personally upon the defendant in Wright county, and judgment by default was entered in favor of plaintiff. Thereupon defendant appeared specially, and, upon affidavit showing that the summons had never been served upon him excepting in Wright county, moved to have the judgment set aside and vacated, on the ground that the court had no jurisdiction to render it. Plaintiff appeals from an order vacating and setting aside the judgment.
1Opinion of the CourtBerry, J.
The municipal court of the city of Minneapolis was originally created by Sp. Laws 1874, c. 141, (Gen. St. 1878, c. 64, §§ *37109-130,) which provides in section 1 that “said court * * * shall have jurisdiction to hear, try, and determine civil actions at law where the amount in controversy does not exceed the sum of two hundred dollars.” This general grant of jurisdiction was, however, qualified by section 5, which, after conferring “full power and authority to issue * * * proper and necessary” process, and “all the powers usually possessed by courts of record at common law,” (subject to statutory…
2Cases cited1 opinion
- Gould v. JohnstonSupreme Court of Minnesota · 1877
3Cited by4 opinions
- Hanson v. WoolstonCourt of Appeals of Minnesota · 2005
- Jallo v. JalloSupreme Court of Minnesota · 1945
- Juster v. Court of HonorSupreme Court of Minnesota · 1913
- Loomis v. StoddardSouth Dakota Supreme Court · 1919