Ueland v. Johnson
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff as receiver of Washington Bank against Aleck E. Johnson, John Lynch, and others to enforce the liability of defendant stockholders in the bank. The summons was served on John M. Lynch, who failed to appear, and judgment was entered against John Lynch. From an order, McGee, J., granting the motion of John M. Lynch to vacate the judgment and for leave to answer on condition of payment of $75 costs, he appealed.
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Action in the district court for Hennepin county by plaintiff as receiver of Washington Bank against Aleck E. Johnson, John Lynch, and others to enforce the liability of defendant stockholders in the bank. The summons was served on John M. Lynch, who failed to appear, and judgment was entered against John Lynch. From an order, McGee, J., granting the motion of John M. Lynch to vacate the judgment and for leave to answer on condition of payment of $75 costs, he appealed. The service and subsequent proceedings, including the judgment, were absolutely void. The statutes (G. S. 1894, §§ 5231,…
1Opinion of the Court
START, O. J.
This action was brought in the district court of the county of *545Hennepin against John Lynch and others to enforce their respective liability as stockholders of the Washington Bank, an insolvent corporation. The complaint alleged that the defendant John Lynch (not John M. Lynch) was the owner of six shares of the capital stock of the bank, and other facts sufficient to constitute a cause'of action against him. The summons named John Lynch as defendant, and recited that the complaint was on file in the clerk’s office. ■ It was personally served on the appellant herein, John M. Lynch,…
2Cases cited1 opinion
- Gorman's CaseMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- Yarbrough v. PughWashington Supreme Court · 1911