Houlton v. Gallow
Supreme Court of Minnesota
Appeal by plaintiff, Horatio Holton, from an order of the District Court of Wright County, Seagrave Smith, J., made May 8, 1893* setting aside the service of the summons in the action.
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Appeal by plaintiff, Horatio Holton, from an order of the District Court of Wright County, Seagrave Smith, J., made May 8, 1893* setting aside the service of the summons in the action. By his complaint the plaintiff claimed that he was an explorer of lands in Northern Wisconsin and at the request of defendant* Joseph Gallow, imparted to him much valuable information regarding pine timber on the land belonging to the United States.That defendant was thereby enabled to and did select, settle upon and purchase a quarter section of the public lands having much valuable pine timber upon it. That…
1Opinion of the CourtMitchell, J.
The summons in this action was regular upon its face, and was served in the manner provided by statute. It stated that the complaint was filed, but in fact it had not been, and no •copy was served with the summons. On this ground the defendant made a motion to have the service of the summons set aside, and the action dismissed. The motion was confined to this specific purpose, but the attorneys signed the notice of motion as “attorneys for defendant,” without expressly limiting their appearance to that purpose. This the plaintiff, in the original brief, claimed *445amounted to a general…
2Cases cited1 opinion
- Millette v. MehmkeSupreme Court of Minnesota · 1879
3Cited by11 opinions
- Francis v. KnerrSupreme Court of Minnesota · 1921
- In Re Estate of Van SlounSupreme Court of Minnesota · 1937
- United States v. Van DusenCourt of Appeals for the Eighth Circuit · 1935
- Whittier v. Village of FarmingtonSupreme Court of Minnesota · 1911
- Coman v. WilliamsNorth Dakota Supreme Court · 1951
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