Mueller v. McCulloch
Supreme Court of Minnesota
Appeal by plaintiff, L. Robert Mueller, from an order of the District Court of Hennepin County, Charles B. EUiott, J., made March 5, 1894, opening a judgment and allowing the defendant to answer. On November 8, 1893, plaintiff commenced this action under 1878, G. S. ch. 75, § 2 and Laws Ex.
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Appeal by plaintiff, L. Robert Mueller, from an order of the District Court of Hennepin County, Charles B. EUiott, J., made March 5, 1894, opening a judgment and allowing the defendant to answer. On November 8, 1893, plaintiff commenced this action under 1878, G. S. ch. 75, § 2 and Laws Ex. Sess. 1881, ch. 81, to determine the adverse claims of defendant, Thomas M. McCulloch, to vacant lot twenty seven (27) in block two (2) Elwell’s addition to Minneapolis and to determine the rights of all other persons “claiming any right, title, estate, lien or interest in the real estate.” The sheriff…
1Opinion of the CourtCollins, J.
Appeal by plaintiff in an action brought to deter mine an adverse claim to real property irom an order vacating a judgment in bis favor, and allowing the defendant to answer and defend. The latter was a resident of Kansas, and service of the summons was made by publication, the last publication being December 16, 1893. An order for judgment on default of answer was made and a judgment duly entered January 20, 1894. On February 16th defendant gave notice of a motion to vacate and set aside the judgment, and for leave to file an answer, on the sole grounds that the summons had been served by…
2Cases cited1 opinion
- Ryberg v. GoodnowSupreme Court of Minnesota · 1894
3Cited by12 opinions
- Smith v. CollisMontana Supreme Court · 1910
- Boland v. All Persons Etc.California Supreme Court · 1911
- Bogart v. KieneSupreme Court of Minnesota · 1902
- Hiltbrand v. HiltbrandCalifornia Supreme Court · 1933
- In Re MercereauCalifornia Court of Appeal · 1932
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