Town of Hinckley v. Kettle River Railroad
Supreme Court of Minnesota
In an action pending in the district court for Pine county between the town of Hinckley, plaintiff, and Kettle River Railroad Company, defendant, plaintiff filed a supplemental complaint seeking to enforce the liability of stockholders in defendant company, and they were made parties defendant, and appeared and answered.
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In an action pending in the district court for Pine county between the town of Hinckley, plaintiff, and Kettle River Railroad Company, defendant, plaintiff filed a supplemental complaint seeking to enforce the liability of stockholders in defendant company, and they were made parties defendant, and appeared and answered. The case was tried before Crosby, J., who found in favor of plaintiff, and pursuant to the findings judgment was entered adjudging that there was due from defendant company to plaintiff the sum of $15,052.25 with interest, and that plaintiff recover of defendant stockholders…
1Opinion of the CourtLovely, J.
Plaintiff obtained a default judgment a.gainst the Kettle River Railroad Company. After five months an effort was made to open this judgment, upon affidavits attempting to show that the sub*35stituted service made upon the secretary of state under GL S. 1894, § 5203, was in fraud of defendant’s rights, for the reason that the party making the same had sufficient knowledge of facts to have made an actual, rather than a substituted, service. It was also contended that such service was not valid, as a matter of law; and, upon the ground of mistake, inadvertence, and excusable neglect, the court’s…
2Cases cited4 opinions
- Hancock National Bank v. FarnumSupreme Court of the United States · 1900
- Hanson v. DavisonSupreme Court of Minnesota · 1898
- Town of Hinckley v. Kettle River RailroadSupreme Court of Minnesota · 1897
- Street v. Town of AldenSupreme Court of Minnesota · 1895
3Cited by11 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- Converse v. AyerMassachusetts Supreme Judicial Court · 1908
- Minneapolis-St. Paul Sanitary District v. City of St. PaulSupreme Court of Minnesota · 1953
- Rice v. City of St. PaulSupreme Court of Minnesota · 1940
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