Sommers v. Thomas

Dell, Chief Justice.

This is an appeal from an order of the municipal court of St. Paul denying defendant’s motion to set aside a default judgment in favor of plaintiff and to dismiss the action without prejudice or in the alternative to vacate the judgment and allow defendant to interpose an answer and proceed with the trial.

Plaintiff was defendant’s tenant. When he fell behind in his rent payments defendant commenced an unlawful detainer action against him in June 1955 in justice court. Plaintiff made a personal appearance and both he and defendant entered into a stipulation whereby…