Legal Opinion

Flanery v. Kusha

Supreme Court of Minnesota

Decided July 18, 1919No. 21,326PublishedCited by 21 opinions

Defendant, appearing specially for that purpose, in November, 1918, moved the district court for Hennepin county to set aside a default judgment entered against her in 1916. The facts are stated in the opinion. From an order denying her motion, Eockwood, J., defendant appealed.

1Opinion of the Court

Lees, C.

Appeal from an order denying defendant’s application for the vacation of a default judgment entered against her. The application was made on the ground that the court had not acquired jurisdiction over defendant.

*309On December 29, 1915, a summons was issued in the usual form except in one particular. It notified defendant that she must serve a copy of her answer to the complaint which was .attached to the summons within “twenty or * * * after service of this summons upon you.” The name and address of plaintiff’s attorney upon whom the answer was to be served were given, and defendant was…

2Cases cited4 opinions

  1. Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
  2. Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1911
  3. First National Bank v. EstensonSupreme Court of Minnesota · 1897
  4. Morrison County Lumber Co. v. DuclosSupreme Court of Minnesota · 1915

3Cited by21 opinions

  1. Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
  2. Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
  3. Hammond v. 8th Jud. Dist. Ct., N.M.New Mexico Supreme Court · 1924
  4. Krueger v. LynchSupreme Court of Iowa · 1951
  5. Canadian Pacific Ltd. v. Omark-Prentice Hydraulics, Inc.Court of Appeals of Wisconsin · 1978

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API