J. H. Queal & Co. v. Bulen
Supreme Court of Minnesota
Action in the district court for Redwood county against defendants, as trustees of School District No. 104 of said county, to recover $1,497.39, and interest, for material furnished for the construction of a school building. Judgment by default was entered in favor of plaintiff for the sum demanded. From an order, Webber, J., vacating the judgment and permitting defendants to appear and defend the action, plaintiff appealed.
1Opinion of the CourtLovely, J.
Plaintiff obtained a default judgment against defendants for material furnished to construct a school house. An application was made to vacate the judgment upon the ground that it was obtained through fraud, and the neglect and misconduct of its board of trustees. The court granted the application. From this order plaintiff appeals.
It affirmatively appears from the affidavit of the moving party: That in June, 1901, the electors of the district voted to build a schoolhouse, and. provided $4,000, to be realized upon its bonds, for the purchase of a site and in the construction of the building.…
2Cases cited3 opinions
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Lathrop v. O'BrienSupreme Court of Minnesota · 1891
- Bray v. Church of St. BrandonSupreme Court of Minnesota · 1888
3Cited by2 opinions
- Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
- Standard Lithographing & Printing Co. v. Twin City Motor Speedway Co.Supreme Court of Minnesota · 1917