Savings Bank v. Authier
Supreme Court of Minnesota
Appeal by plaintiff, the Savings Bank of St. Paul, from an order of the District Court of Bamsey County, Egan, J., made March 29, 1892, allowing defendant E. J. Daly to file his answer in the action. Action against Danat Authier, C. G. Carlson and E. J. Daly, defendants, upon a bond given by them to plaintiff to indemnify it against mechanics’ liens upon property mortgaged to it.
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Appeal by plaintiff, the Savings Bank of St. Paul, from an order of the District Court of Bamsey County, Egan, J., made March 29, 1892, allowing defendant E. J. Daly to file his answer in the action. Action against Danat Authier, C. G. Carlson and E. J. Daly, defendants, upon a bond given by them to plaintiff to indemnify it against mechanics’ liens upon property mortgaged to it. The sheriff of Bamsey county certified and returned that on November 19, 1891, he served the summons upon defendant E. J. Daly personally, at the city of St. Paul, by handing to and leaving with him, a true and…
1Opinion of the CourtDickinson, J.
This is an appeal from an order setting aside a judgment entered upon default against the above-named respondent and another in the district cour.t.
*100The court was right in setting aside the judgment, for no jurisdiction over the defendant had been acquired by a service of the summons upon him. It was shown so as to leave no room for doubt that the service, upon proof of which the judgment was entered, was really made upon another person, — one John E. Dailey. The latter, discovering the mistake, mailed to the defendant the copy of the summons served upon him, with a letter explaining the…
2Cases cited1 opinion
- Heffner v. GunzSupreme Court of Minnesota · 1882
3Cited by10 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- State Mortgage Corporation v. TraylorTexas Supreme Court · 1931
- Bennett v. Supreme Tent of the Knights of the Maccabees of the WorldWashington Supreme Court · 1905
- Wilmer v. EpsteinCourt of Appeals of Maryland · 1911
- Doak v. BiggsCourt of Appeals of Texas · 1921
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