Legal Opinion

Gillette-Herzog Manufacturing Co. v. Ashton

Supreme Court of Minnesota

Decided October 18, 1893No. 8154PublishedCited by 7 opinions

Appeal by plaintiff, Gillette-Herzog Manufacturing Company, a domestic corporation, from an order of the District Court of Hen-nepin County, Thomas Canty, J., made January 24, 1893. Action against defendant, R. W. Ashton, to recover $63.16, balance of an account for goods sold and delivered. The Summons was-personally served on November 22,1892, by the Sheriff of Pipestone County.

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Appeal by plaintiff, Gillette-Herzog Manufacturing Company, a domestic corporation, from an order of the District Court of Hen-nepin County, Thomas Canty, J., made January 24, 1893. Action against defendant, R. W. Ashton, to recover $63.16, balance of an account for goods sold and delivered. The Summons was-personally served on November 22,1892, by the Sheriff of Pipestone County. Defendant employed Janes & Cady of Pipestone to defend and they on December 1,1892, served by mail notice of retainer and demand of a copy of the complaint. On December 5, 1892, the plaintiff’s attorney, James A.…

1Opinion of the CourtVanderburgh, J.

The defendant appeared and demanded a copy of the complaint, which was served by mail on the 5th day of December, 1892. The service by mail gave the defendant double the time he would otherwise have been entitled to in which to answer.

Judgment by default was prematurely entered by plaintiff on December 16,1892; and the answer received by mail on December 17th was refused and returned by plaintiff, on the sole ground indorsed thereon, — that the same was not served in time. The defendant had an absolute right to have the judgment set aside, because the time for answering had not expired. He…

2Cases cited2 opinions

  1. Nye v. SwanSupreme Court of Minnesota · 1889
  2. Bennett v. Minneapolis & Pacific Railway Co.Supreme Court of Minnesota · 1889

3Cited by7 opinions

  1. Lesewski v. NielsenSupreme Court of Minnesota · 1959
  2. Crane & Ordway Co. v. SauntrySupreme Court of Minnesota · 1903
  3. Thon v. EricksonSupreme Court of Minnesota · 1950
  4. Campbell v. CoulstonNorth Dakota Supreme Court · 1910
  5. Lesewski v. NielsenSupreme Court of Minnesota · 1959

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