Campbell v. Worman
Supreme Court of Minnesota
Appeal by defendant, J. A. Worman, from a judgment of tbe District Court of Hennepin County entered by the Clerk on default on August 17, 1893, for $3,446 damages and $9.37 costs. The plaintiffs, D. C. Campbell, J. A. Campbell and G-. P. Campbell, are partners doing banking business at Centerville, Iowa, under the name Campbell Banking Company.
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Appeal by defendant, J. A. Worman, from a judgment of tbe District Court of Hennepin County entered by the Clerk on default on August 17, 1893, for $3,446 damages and $9.37 costs. The plaintiffs, D. C. Campbell, J. A. Campbell and G-. P. Campbell, are partners doing banking business at Centerville, Iowa, under the name Campbell Banking Company. On March 15, 1893, the defendant ga ve them his note of which the following is a copy: $3,100. Centerville, Iowa, March 15, 1893. Ninety-after date, for value received I promise to pay to the order of the Campbell Banking Company in Centerville, Iowa,…
1Opinion of the CourtMitchell, J.
Upon appeal from a judgment entered by the clerk of the court upon default of answer, the defendant makes the point that the complaint does not state a cause of action. We shall consider the appeal on the merits, for the reason that the plaintiffs do not raise the point that application should have been first made to the *564court in which, the judgment was entered; hut we do not wish the case to be considered a precedent for entertaining such appeals. See Bank of Commerce v. Smith, 57 Minn. 374 (59 N. W. 311.) The complaint is no credit to its author; but as against objections raised for the…
2Cases cited5 opinions
- Johnston Harvester Co. v. ClareSupreme Court of Minnesota · 1883
- Bank of Commerce v. SmithSupreme Court of Minnesota · 1894
- Chamberlain v. TinerSupreme Court of Minnesota · 1884
- Libby v. MikelborgSupreme Court of Minnesota · 1881
- Pinney v. JorgensonSupreme Court of Minnesota · 1880
3Cited by22 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLCSupreme Court of Minnesota · 2012
- Deloris Kojetin v. C U Recovery, Inc., a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 2000
- Young, Ex'r v. State Bank of MarshallCourt of Appeals of Texas · 1909
- First State Bank v. UtmanSupreme Court of Minnesota · 1917
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