Bray v. Church of St. Brandon
Supreme Court of Minnesota
Action brought in the district court for Sibley county, by plaintiff as administrator of Timothy Ryan, to recover for services rendered by plaintiffs intestate to the defendant corporation.
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Action brought in the district court for Sibley county, by plaintiff as administrator of Timothy Ryan, to recover for services rendered by plaintiffs intestate to the defendant corporation. The summons was served September 17, 1887, on one Thomas Bowser, the defendant’s treasurer, and on October 10, 1887, on proof of service and no answer, etc., judgment was entered for $1,653.52. On November 12, 1887, tlje defendant served notice of motion to set aside the judgment and for leave to serve the answer, a copy of which was served with the other motion papers. The motion was granted by Edson,.…
1Opinion of the CourtDickinson, J.
This action having been commenced by the service of the summons upon the treasurer of the defendant, a religious corporation, the defendant made no appearance, and judgment was entered by default. Upon a motion, based upon affidavits going to excuse the default, the court set aside the judgment, and allowed an answer to be interposed, upon the payment of costs. This appeal is from that order. The case justified the discretionary order appealed from. The application was seasonably made. A good defence was shown. The person upon whom the summons was served did not inform any other member of the…
2Cited by3 opinions
- Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
- White v. GurneySupreme Court of Minnesota · 1904
- J. H. Queal & Co. v. BulenSupreme Court of Minnesota · 1903