W. W. Kimball Co. v. Brown
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Wabasha county, Snow, J., denying his motion to vacate a judgment by default. G. S. 1894, § 5196, which requires *a copy of the complaint to be served on defendant with the summons, unless the complaint itself be filed in the office of the clerk of the district court, is mandatory and not directory.
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Appeal by defendant from an order of the district court for Wabasha county, Snow, J., denying his motion to vacate a judgment by default. G. S. 1894, § 5196, which requires *a copy of the complaint to be served on defendant with the summons, unless the complaint itself be filed in the office of the clerk of the district court, is mandatory and not directory. That a judgment may be set aside for failure to observe this statute has been determined in Heffner v. Gunz, 29 Minn. 1.08; Lee v. Q’Shaughnessy, 20 Minn. 157 (173); Stocking v. Hanson, 35 Minn. 207; Magin v. Lamb, 43 Minn. 80. In Tuller…
1Opinion of the CourtBuck, J.
On November 9, 1897, the plaintiff caused to be served on the defendant a summons, regular in form, and entitled in the district court of Wabasha county, requiring her to answer the complaint; the summons stating that the complaint was filed in the office of the clerk of the district court of the third judicial district in and for the county of Wabasha and state of Minnesota, and requiring her to serve a copy of her answer upon the plaintiff’s attorney within 20 days after the service of the surpmons upon her. At the time of the service of this summons no complaint was filed, and no copy…
2Cases cited2 opinions
- Millette v. MehmkeSupreme Court of Minnesota · 1879
- Houlton v. GallowSupreme Court of Minnesota · 1893
3Cited by4 opinions
- Francis v. KnerrSupreme Court of Minnesota · 1921
- United States v. Van DusenCourt of Appeals for the Eighth Circuit · 1935
- Sievert v. SelvigSupreme Court of Minnesota · 1928
- Dressel v. BrillSupreme Court of Minnesota · 1926