Masterson v. Le Claire
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiffs in Error : First. — There is error in the rendition of judgment below? in that no proper service of the summons was had in said action, and no appearance of the said Defendants in said action.
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiffs in Error : First. — There is error in the rendition of judgment below? in that no proper service of the summons was had in said action, and no appearance of the said Defendants in said action. Revised Statutes of Minnesota, page 539, Sec. 54; 5 Howard P. R. 342. Second. — Said judgment entered in this action is erroneous, in that the admission of service of the summons in said action does not state the time and place of said service, or admission, and the record does not show that the court had jurisdiction of…
1Opinion of the CourtElandrau, J.
By the Court The Plaintiff below, Le Claire, sued the Defendants Masterson & Hoyt upon a promissory note, executed by them, Masterson signing in person and Hoyt by Masterson, his Attorney. Service of the summons in the action was admitted by the Defendants, or rather the return to the writ of error contains the following statement of that fact, on the back of the summons: “ Due service of the within summons by copy of the same.is hereby admitted this 11th day of April, A. D. 1859, by each of us the undersigned.
“H. E. Masterson,
“Albert S. Hoyt,by
“ H- E. Masterson, Ids Attorney.”
After the…
2Cited by15 opinions
- Harshey v. BlackmarrSupreme Court of Iowa · 1866
- In Re Trust Created by Will of EngerSupreme Court of Minnesota · 1948
- Bradley v. WelchSupreme Court of Missouri · 1889
- Ashcraft v. PowersWashington Supreme Court · 1900
- Northern Central Railway Co. v. RiderCourt of Appeals of Maryland · 1876
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