Nye v. Swan
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, L, presiding, setting aside a judgment on default and admitting defendants to answer.
1Opinion of the CourtDickinson, J.
Upon the filing of an affidavit, in accordance with the statute, alleging that the affiant believed that the defendants were non-residents of the state of Minnesota, and could not be found therein, and that copies of the summons had been mailed to the defendants at their place of residence, the summons was published as authorized by statute. After the completion of the publication, and on the 13th of February, 1889, upon proof of the defendants’ default, the cause was heard by the court, and judgment rendered in favor of the plaintiff. About three weeks later the defendants gave notice by…
2Cases cited3 opinions
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Lord v. HawkinsSupreme Court of Minnesota · 1888
- Herrick v. ButlerSupreme Court of Minnesota · 1883
3Cited by13 opinions
- Citizens' National Bank v. BrandenNorth Dakota Supreme Court · 1910
- Bogart v. KieneSupreme Court of Minnesota · 1902
- Sodini v. SodiniSupreme Court of Minnesota · 1905
- Sandwich Manuf'g Co. v. EarlSupreme Court of Minnesota · 1894
- Leaming v. McMillanSupreme Court of Arkansas · 1894
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