Legal Opinion

Bausman v. Tilley

Supreme Court of Minnesota

Decided April 8, 1891PublishedCited by 15 opinions

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., presiding, opening a judgment by default against defendant Tilley and admitting him to defend the action.

1Opinion of the Court

Collins, J.1

This action was brought against a non-resident, living in the Province of Ontario, to determine an adverse claim to real property. Service of the summons was made by publication; the affidavit, previously filed with the clerk, showing that a copy of the same had been deposited in the proper post-office, directed to defendant at his place of residence, as provided in Gen. St. 1878, c. 66, § 64. Within one year after entry of judgment, defendant moved for leave to answer and defend, under the provisions of section 66, c. 66, supra, which motion was granted upon terms. On the hearing…

2Cases cited1 opinion

  1. Lord v. HawkinsSupreme Court of Minnesota · 1888

3Cited by15 opinions

  1. Berryhill v. SeppSupreme Court of Minnesota · 1909
  2. Gray v. LawlorCalifornia Supreme Court · 1907
  3. Minneapolis Gaslight Co. v. City of MinneapolisSupreme Court of Minnesota · 1913
  4. Bogart v. KieneSupreme Court of Minnesota · 1902
  5. State v. MadiganSupreme Court of Minnesota · 1896

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