Stai v. Selden
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for St. Louis county, Cant, J., striking from the records an appearance for defendants; denying a motion for leave to file, nunc pro tunc, an affidavit of publication of the summons; and vacating a judgment entered in favor of plaintiff and an ex-parte order inserting therein, nunc pro tunc, the name of defendant Nettie E. Selden.
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Appeal by plaintiff from an order of tbe district court for St. Louis county, Cant, J., striking from the records an appearance for defendants; denying a motion for leave to file, nunc pro tunc, an affidavit of publication of the summons; and vacating a judgment entered in favor of plaintiff and an ex-parte order inserting therein, nunc pro tunc, the name of defendant Nettie E. Selden. The summons having been published in the manner and for the time prescribed by law was completely served and the court acquired jurisdiction. Jurisdiction could have been acquired without any service by the…
1Opinion of the Court
START, O. J.
This is an action to determine adverse claims to a lot in the city of Duluth. The plaintiff’s claim of title to the lot was based upon a tax certificate issued to him upon the sale of the lot pursuant to Laws 1897, c. 290, which, some months after the entry of what purported to be a judgment herein adjudging that the plaintiff was thev owner of the lot, was held to be unconstitutional by this court. Duluth Banking Co. v. Koon, 81 Minn. 486, 84 N. W. 335.
It appears from the judgment roll that the complaint was filed and the summons issued on October 18, 1899; that none of the…
2Cases cited9 opinions
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Vaule v. MillerSupreme Court of Minnesota · 1897
- First National Bank v. RandallSupreme Court of Minnesota · 1888
- Bausman v. TilleySupreme Court of Minnesota · 1891
- Duluth Banking Co. v. KoonSupreme Court of Minnesota · 1900
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3Cited by5 opinions
- Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
- Cremer v. MicheletSupreme Court of Minnesota · 1911
- Perkins v. GibbsSupreme Court of Minnesota · 1909
- Viers v. PerrySupreme Court of Minnesota · 1910
- Kloppenburg v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1913