Legal Opinion

Grady v. Maurice L. Rothschild & Co.

Supreme Court of Minnesota

Decided January 30, 1920No. 21,673PublishedCited by 10 opinions

Action in the district court for Ramsey county. The facts are stated in the first paragraph of the opinion. Prom an order, Michael, J., setting aside defendant’s default and permitting it to answer forthwith on condition that it pay plaintiff the sum of $10 costs, and from another order denying plaintiff’s motion to set aside the former order, vacating defendant’s default and permitting defendant to answer and imposing on defendant as a condition to the denial of such motion…

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Action in the district court for Ramsey county. The facts are stated in the first paragraph of the opinion. Prom an order, Michael, J., setting aside defendant’s default and permitting it to answer forthwith on condition that it pay plaintiff the sum of $10 costs, and from another order denying plaintiff’s motion to set aside the former order, vacating defendant’s default and permitting defendant to answer and imposing on defendant as a condition to the denial of such motion the payment of the further sum of $10, plaintiff appealed.

1Opinion of the CourtHallam, J.

This action is brought to recover $10,382 for personal injury alleged to have been caused by defendant’s negligence. The complaint was served June 20, 1910. An answer, said to have been unverified, was served July 16, 1919, six days late. Plaintiff refused to receive it. Defendant made application to be relieved from the default, presented an answer verified by the secretary of defendant corporation to the effect “that the same is true, except as to matters stated therein on information and belief, and as to such matters he believes them to be true,” together with an affidavit of defendant’s…

2Cases cited7 opinions

  1. People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
  2. McMurran v. BourneSupreme Court of Minnesota · 1900
  3. Sheldon v. RisedorphSupreme Court of Minnesota · 1877
  4. Crane & Ordway Co. v. SauntrySupreme Court of Minnesota · 1903
  5. Forin v. City of DuluthSupreme Court of Minnesota · 1896

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3Cited by10 opinions

  1. Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
  2. Vrooman Floor Covering Inc. v. DorseySupreme Court of Minnesota · 1964
  3. Johnson v. NelsonSupreme Court of Minnesota · 1963
  4. O'BRIEN v. KemperSupreme Court of Minnesota · 1967
  5. Frontier Lumber & Hardware, Inc. v. DickeySupreme Court of Minnesota · 1971

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