Glauber v. Wallace
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the municipal court of Minneapolis, C. D. Smith, J., vacating a judgment for $83.60 entered by a justice of the peace against defendant.
1Opinion of the CourtBrown, J.
Appeal from an order of the municipal court of the city of Minneapolis vacating and setting aside a default judgment on the ground that the summons in the action was not served upon the defendant. It appears that the judgment was rendered by a justice of the peace on September 9, 1899, and subsequently transferred to and became a judgment of the municipal court under chapter 391, Sp. Daws 1901.
The summons in the action, if served at all, was served by an agent of plaintiff, and not by an officer. Defendant did not appear before the justice, and the judgment was rendered against him on…
2Cases cited5 opinions
- Vaule v. MillerSupreme Court of Minnesota · 1897
- Olmstead v. OlmsteadSupreme Court of Minnesota · 1889
- Allen v. McIntyreSupreme Court of Minnesota · 1894
- Knutson v. DaviesSupreme Court of Minnesota · 1892
- Flanigan v. DuncanSupreme Court of Minnesota · 1891