Yale v. Edgerton
Supreme Court of Minnesota
This action was commenced in the District Court for Kamsey county. The defendant, appearing specially by attorney, made a motion to set aside the summons, &c. The plaintiff afterwards amended the summons and had it reserved. The defendant appearing specially by attorney, made a motion to set aside the amended summons, &c.
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This action was commenced in the District Court for Kamsey county. The defendant, appearing specially by attorney, made a motion to set aside the summons, &c. The plaintiff afterwards amended the summons and had it reserved. The defendant appearing specially by attorney, made a motion to set aside the amended summons, &c. These motions were both submitted to the court, and while they were held by the court under advisement, the time to answer being about to expire, the defendant, by his attorney, appearing specially, applied to the court for and obtained an order extending the time to answer,…
1Opinion of the Court
By the Oowrt
McMillan, J.
The order of the court denying the plaintiff’s motion to dismiss the prior motions of defendant to set aside the summons, &c., was erroneous.
The defendant having appeared specially, interposed the motions mentioned, which having been argued, were submitted to the court and held under advisement. The time for answering being about to expire, and the motions still pending, the defendant applied for and obtained an order extending the time to answer, upon an affidavit made by his attorney, stating among other things, that he appeared specially, that the motions to set…
2Cited by8 opinions
- State ex. rel. Biggs v. ChurchillSupreme Court of Minnesota · 1870
- Pingree Cattle Loan Co. v. Charles J. Webb & Co.Idaho Supreme Court · 1922
- State ex rel. Carroll v. District CourtMontana Supreme Court · 1924
- Travelers' Insurance v. WeberNorth Dakota Supreme Court · 1891
- Rogers. v. GreenwoodSupreme Court of Minnesota · 1869
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