Francis v. Knerr
Supreme Court of Minnesota
Action in the district court for Cass county to recover $75.34. Judgment 'by default was entered against defendant. The motion of defendant, appearing specially for that purpose, to vacate the judgment on the ground that the court had not acquired jurisdiction of the defendant, was granted. From the order setting aside the judgment, plaintiff appealed.
1Opinion of the Court
Taylor, C.
This is an appeal from an order setting aside a judgment on the ground that the court had no jurisdiction to render it.
The summons and complaint were served on the defendant personally on August 26, 1918, and judgment was entered against 'him 'by default on September 18, 1918. The motion to vacate the judgment was made in August, 1920.
The summons was regular in form. It required the defendant to serve his answer to the complaint on the subscriber “at his office in the City of Moorhead, Clay County, State of Minnesota,” and was signed: “Tim A. Francis, attorney for plaintiff.”…
2Cases cited13 opinions
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
- Flanery v. KushaSupreme Court of Minnesota · 1919
- Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1911
- Lee v. ClarkSupreme Court of Minnesota · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
- Barnes v. VerrySupreme Court of Minnesota · 1923
- Tharp v. TharpSupreme Court of Minnesota · 1949
- Glasmann v. Second District Court in & for Weber CountyUtah Supreme Court · 1932
- Jacobs v. Queen Ins.South Dakota Supreme Court · 1927
9 more not listed; retrieve them via the Exa API.