Cavanaugh v. Fenley
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $167 for medical services, the Chicago Great Western Railway Company being garnished and disclosing an indebtedness to defendant of $139.35. Judgment by default upon a substituted service of summons was entered against defendant.
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Action in the municipal court of St. Paul to recover $167 for medical services, the Chicago Great Western Railway Company being garnished and disclosing an indebtedness to defendant of $139.35. Judgment by default upon a substituted service of summons was entered against defendant. From an order, Finehout, J., denying a motion to vacate the judgment and to restrain further proceedings thereon on the ground that he had received his discharge in bankruptcy instituted on his voluntary petition filed within four months after the commencement of the action, defendant appealed.
1Opinion of the CourtBbown, J.
The facts material to the questions controlling the decision in this case are as follows: The action was commenced in the municipal court of St. Paul on August 14, 1903. Defendant being a nonresident, summons was served upon him by publication. The garnishee summons was served upon the garnishee, and it appeared by its attorney at the time specified therein, August 25, 1903, and disclosed that it was indebted to defendant in the sum of $139.35. It also, in connection with and as a part of the disclosure, stated that defendant was a married man, and resided in the state of Iowa. On September…
2Cases cited12 opinions
- Boynton v. BallSupreme Court of the United States · 1887
- In re RichardsCourt of Appeals for the Seventh Circuit · 1899
- Palmer v. . HusseyNew York Court of Appeals · 1882
- Palmer v. HusseySupreme Court of the United States · 1886
- Sanderson v. . DailySupreme Court of North Carolina · 1880
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3Cited by15 opinions
- Gregory Co. v. CaleSupreme Court of Minnesota · 1911
- Badger v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1926
- Pue v. WheelerMontana Supreme Court · 1927
- Paggi v. Rose Mfg. Co.Court of Appeals of Texas · 1924
- Swaney v. HasaraSupreme Court of Minnesota · 1925
10 more not listed; retrieve them via the Exa API.