Legal Opinion

Lee v. Macfee

Supreme Court of Minnesota

Decided December 4, 1890PublishedCited by 6 opinions

Appeal by defendant from an order of the district court.for Hem nepin county, Iiooker, J., presiding, denying his motion to set aside, for want of jurisdiction, a judgment of $4,128.79, recovered against him on his failure to answer.

1Opinion of the CourtVanderburgh, J.

Judgment was rendered by default against the defendant for the amount claimed, upon proof of the service of the summons “on the defendant by leaving a true copy thereof at the house of the usual abode of said defendant, No. 525 Fifth street south, in the city of Minneapolis, in the said county of Hennepin, with Mrs. Porter Tremain, a person of suitable age and discretion then resident therein, and that said copy was then and there personally delivered to and left with Mrs. Tremain.” The defendant after-wards moved upon affidavits to set aside the judgment, on the ground that there was no…

2Cases cited2 opinions

  1. Love v. CherrySupreme Court of Iowa · 1868
  2. First National Bank v. RandallSupreme Court of Minnesota · 1888

3Cited by6 opinions

  1. Berryhill v. SeppSupreme Court of Minnesota · 1909
  2. Northwestern & Pacific Hypotheek Bank v. RidpathWashington Supreme Court · 1902
  3. Lovin v. HicksSupreme Court of Minnesota · 1911
  4. Missouri, Kansas & Texas Trust Co. v. NorrisSupreme Court of Minnesota · 1895
  5. Holtberg v. BommersbachSupreme Court of Minnesota · 1952

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