Bardwell v. Collins
Supreme Court of Minnesota
Appeal by defendant Henry H. Collins, impleaded with Emilie-Anderson and others, from an order of the district court for Henne-pin county, Young and Smith, JJ., presiding, refusing to set aside, a» to him, a judgment by default in an action to enforce a mechanic’s lien.
1Opinion of the CourtMitchell, J.
The questions raised by this appeal involve the construction and validity of the provisions of Gen. St. 1878, c. 81, tit. 2, § 28, relating to the service of the summons in actions for the foreclosure of real-estate mortgages, which, by section 8, chapter 90, of the same statutes, are made also applicable to actions to enforce mechanics’ liens. This action "was one to enforce a mechanic’s lien; the complaint alleging that the defendant Collins claimed a lien or interest in the property on which the lien was sought to be enforced, but that it was subsequent and inferior to plaintiffs’ lien,…
2Cases cited5 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hart v. SansomSupreme Court of the United States · 1884
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Brown v. Board of Levee CommissionersMississippi Supreme Court · 1874
- Whalley v. EldridgeSupreme Court of Minnesota · 1877
3Cited by40 opinions
- State v. SponaugleWest Virginia Supreme Court · 1898
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Mabee v. McDonaldTexas Supreme Court · 1915
- Dimke v. FinkeSupreme Court of Minnesota · 1940
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