First National Bank v. Estenson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Stevens county, C. L. Brown, J., denying a motion to set aside service of the summons.
1Opinion of the CourtStart, C. J.
The summons in this case was served by the plaintiff’s attorney, who subscribed it as such. The defendant made a motion to set the service aside for the reason that the attorney was disqualified from serving the summons, and he appeals from an order denying his motion.
This appeal presents the sole question whether a summons may be served by the plaintiff’s attorney who issues it. We answer the question in the affirmative.
A summons is not a process, but merely a notice given by the plaintiff’s attorney to the defendant that proceedings have been instituted, and that judgment therein will be…
2Cited by17 opinions
- Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
- Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
- Flanery v. KushaSupreme Court of Minnesota · 1919
- Roth v. NashWashington Supreme Court · 1943
- Curran v. NashSupreme Court of Minnesota · 1947
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