Cabanne v. Graf
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $484.92 for breach of contract of employment. Attempt was made to serve the summons on defendant by service on his agent, pursuant to the provisions of Laws 1901, c. 278, defendant being a nonresident and absent from the state of Minnesota. Judgment by default was entered in favor of plaintiff for the sum demanded.
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Action in the municipal court of St. Paul to recover $484.92 for breach of contract of employment. Attempt was made to serve the summons on defendant by service on his agent, pursuant to the provisions of Laws 1901, c. 278, defendant being a nonresident and absent from the state of Minnesota. Judgment by default was entered in favor of plaintiff for the sum demanded. Thereafter defendant appeared specially and moved to vacate the judgment on the ground, among others, that the statute authorizing such attempted service of the summons was unconstitutional and void. At the same time plaintiff…
1Opinion of the Court
START, O. J.
Action in the municipal court of the city of St. Paul to recover damages for a breach by the defendant of a contract whereby he agreed to employ the plaintiff for a stated period. Judgment was entered by default against the defendant for the sum of $496.92 costs and damages.
The proof of the service of the summons was to the effect that it was served by the plaintiff’s attorney upon the defendant by handing to and leaving with his agent and representative (naming him) a true copy thereof, and that the defendant had been engaged in business in the city of St. Paul for six months…
2Cases cited10 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hart v. SansomSupreme Court of the United States · 1884
- De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
- Kenney v. GoergenSupreme Court of Minnesota · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- SHAMROCK DEVELOPMENT, INC. v. SmithSupreme Court of Minnesota · 2008
- Bloom v. American Express Co.Supreme Court of Minnesota · 1946
- Davidson v. Henry L. Doherty & Co.Supreme Court of Iowa · 1932
- Silver Camp Mining Co. v. DickertMontana Supreme Court · 1904
- Curran v. NashSupreme Court of Minnesota · 1947
7 more not listed; retrieve them via the Exa API.