Easton v. Childs
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Faribault county, Severance, J., vacating- a judgment in favor of plaintiff.
1Opinion of the CourtMitchell, J.
This was an action to determine adverse claims to real estate. The summons was served on the defendant, a nonresident, by publication, and the plaintiff had judgment by default. The defendant subsequently moved to have the judgment annulled and vacated as being void because the sheriff’s return on the summons that the defendant could not be found in his county was not filed until the day the judgment was entered. The court granted the motion, following Corson v. Shoemaker, 55 Minn. 386, 57 N. W. 134, and from that order plaintiff appealed.
If Corson v. Shoemaker is to be adhered to, it is…
Also in this document: Dissent.
2Cases cited5 opinions
- Bardwell v. CollinsSupreme Court of Minnesota · 1890
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Corson v. ShoemakerSupreme Court of Minnesota · 1893
- Dunning v. PondSupreme Court of Minnesota · 1861
- Hunt v. GrantSupreme Court of Minnesota · 1902
3Cited by10 opinions
- Gilmore v. LampmanSupreme Court of Minnesota · 1902
- Goore v. GooreWashington Supreme Court · 1901
- Canty v. BockenstedtSupreme Court of Minnesota · 1927
- McClymond v. NobleSupreme Court of Minnesota · 1901
- Perkins v. GibbsSupreme Court of Minnesota · 1909
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