Strong v. Comer
Supreme Court of Minnesota
Appeal by defendant Abigail Mullin from an order of the district court of Big Stone county, O. L. Brown, J., made May 29, 1891, refusing to vacate a judgment entered against her, and denying a new trial. Action brought by Henry W. Strong, under 1878 G. S. ch. 75, § 2, to determine the adverse claims of Joseph B. Comer and Abigail Mullin to two town lots in Graceville, Minn.
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Appeal by defendant Abigail Mullin from an order of the district court of Big Stone county, O. L. Brown, J., made May 29, 1891, refusing to vacate a judgment entered against her, and denying a new trial. Action brought by Henry W. Strong, under 1878 G. S. ch. 75, § 2, to determine the adverse claims of Joseph B. Comer and Abigail Mullin to two town lots in Graceville, Minn. The defendant, Abigail Mullin, answered that she held a certificate of sale of the lots made on foreclosure of a mortgage thereon. A trial is the judicial examination of the issues between the parties. There being an issue…
1Opinion of the CourtGilfillan, C. J.
The answer of defendant Mullin put in issue material allegations in the complaint. The plaintiff noticed the cause for trial for the term of court commencing October 7, 1890. October 15th the cause was by order of court placed on the calendar, the defendant was called, and, not appearing, the court, without taking any evidence,’ordered judgment for the plaintiff, as prayed for in the complaint, and judgment was so entered. This was error, and not a mere irregularity in practice. Defendant made a motion to vacate the judgment, and it was denied. To have it vacated was a matter of right, and…
2Cited by5 opinions
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