McMurran v. Bourne
Supreme Court of Minnesota
Action in the district court for Eamsej county to recover $725, and interest, on two promissory notes. Judgment was entered on default in favor of plaintiff for $948.97. The judgment was subsequently assigned to Lewis E. Jones. Frqm an order, Kelly, J., opening the judgment and permitting defendant to serve an answer, the assignee of the judgment appealed.
1Opinion of the CourtLovely, J.
Appeal from an order opening a default judgment upon a complaint to recover on two promissory notes.
Summons was served on defendant by the attorney of plaintiff, who has since become, by purchase, the owner of the judgment. Defendant claims that he was misled by a promise of plaintiff’s attorney at the time of serving the summons, to the effect that nothing *516would be done without further notice, and relying thereon, he paid no further attention to the matter for a period of seven years and sis months, when he first learned of the judgment against him. He at once called upon his attorney, who…
2Cases cited4 opinions
- Milwaukee Harvester Co. v. SchroederSupreme Court of Minnesota · 1898
- Hull v. ChapelSupreme Court of Minnesota · 1899
- Street v. Town of AldenSupreme Court of Minnesota · 1895
- Lathrop v. O'BrienSupreme Court of Minnesota · 1891
3Cited by19 opinions
- Sommers v. ThomasSupreme Court of Minnesota · 1958
- Hall v. McConeyMissouri Court of Appeals · 1910
- Grady v. Maurice L. Rothschild & Co.Supreme Court of Minnesota · 1920
- White v. GurneySupreme Court of Minnesota · 1904
- Industrial Loan Thrift Corporation v. SwansonSupreme Court of Minnesota · 1947
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