Lebens v. Harbeck

This is an appeal from an order of the Scott County District Court dismissing an election contest under Minn. St. 209.02 on the ground of lack of jurisdiction. The sole issue on appeal is whether Minn. St. 645.44, subd. 5, which prohibits personal service of civil process on state holidays, applies to substituted service of notice of an election contest upon a contestee. We hold that it does and affirm.

Minn. St. 209.02, subd. 4, provides that service of a notice of contest in an election case upon the persons specified in § 209.02, subd. 3, shall be made in the same manner as service of a…