Potter v. Holmes
Supreme Court of Minnesota
Appeals by the defendants from a judgment in favor of plaintiffs for $14,056.12, entered October 23, 1897, and from an order, dated August 5, 1898, of the district court for Aitkin county, Holland, J., refusing to vacate the judgment and allow defendants to answer the amended complaint.
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Appeals by the defendants from a judgment in favor of plaintiffs for $14,056.12, entered October 23, 1897, and from an order, dated August 5, 1898, of the district court for Aitkin county, Holland, J., refusing to vacate the judgment and allow defendants to answer the amended complaint. The exercise of the mere discretion of the court ought to tend in a reasonable degree, at least, to bring about a judgment on the very merits of the case, and when the circumstances are such as to lead the court to hesitate, upon motion, to open the default, it is better, as a general rule, that the doubt…
1DissentCanty, J.
I concur with Justice MITCHELL. It seems to me that the statement of the facts by Justice BUCK is very incomplete, and gives no adequate idea of the merits of the controversy. The history of the case may be found in 65 Minn. 377, 68 N. W. 63, and in 72 Minn. 153, 75 N. W. 591. From the latter opinion, it will appear that defendants demurred to the amended complaint, and attempted to take a change of the place of trial to another county after the action had been pending for years. Plaintiffs disregarded the attempted change, and noticed the demurrer for argument at a general term of the court…
2Cases cited2 opinions
- Potter v. HolmesSupreme Court of Minnesota · 1898
- Potter v. HolmesSupreme Court of Minnesota · 1896