Walsh v. Boyle
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Lyon county, Webber, J., denying a motion to vacate a judgment in favor of plaintiff entered by default, and for leave to answer.
1Opinion of the CourtJaggard, J.
This was an application for leave to serve a proposed answer after the expiration of the statutory time. The summons and complaint were served on July 13, 1904. The time for answering expired on August 2. On August 3, the defendant mailed a copy of his answer, which was received by the attorney of the plaintiff on August 4. On that day a judgment was entered by default. Immediately after return of the answer to the defendant’s attorney by plaintiff’s attorney, the defendant moved the court for an order opening the judgment and *438permitting him to answer and defend the action on the merits. The…
2Cases cited10 opinions
- Watson v. Francisco & Humboldt Bay RailroadCalifornia Supreme Court · 1871
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Miller v. CarrCalifornia Supreme Court · 1897
- Baxter v. ChuteSupreme Court of Minnesota · 1892
- Marsh v. ArmstrongSupreme Court of Minnesota · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall v. McConeyMissouri Court of Appeals · 1910
- Barrie v. Northern Assurance Co.Supreme Court of Minnesota · 1906
- In Re Estate of WalkerSupreme Court of Minnesota · 1931
- Fischer v. SperlSupreme Court of Minnesota · 1907
- Dr. Shoop Family Medicine Co. v. OppligerSupreme Court of Minnesota · 1914
2 more not listed; retrieve them via the Exa API.