Van Aernam v. Winslow
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Otter Tail county, to recover damages for alleged trespass committed by the defendant in cutting down and removing timber from the lands of the plaintiffs.
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Plaintiffs brought this action in the district court for Otter Tail county, to recover damages for alleged trespass committed by the defendant in cutting down and removing timber from the lands of the plaintiffs. The summons and complaint were personally served upon the defendant, on November 17,1883. On December 8,1883, a copy of an answer was received by the plaintiffs’ attorneys by mail, which answer was enclosed in an envelope, postmarked at St. Paul, December 8, 1883, 7 a. m. This answer was signed by Briggs & Elders as attorneys for the defendant. On May 10, 1884, an application was…
1Opinion of the Court
Gilfillan, O'. J.1
This was an appeal from an order refusing to set aside a judgment entered by default of defendant to answer. The grounds on which the motion was made — and they are the only grounds which can be considered on this appeal — were that an answer had been duly served within the time allowed by law, and that the judgment was taken against defendant through his inadvertence, surprise, and excusable neglect. The latter ground was within the sound discretion of the court below; the former presented a question of legal right. As to the service of the answer, the facts were : The…
2Cases cited5 opinions
- Radcliff v. Van BenthuysenNew York Supreme Court · 1847
- Schenck v. McKieNew York Supreme Court · 1849
- Corning v. GillmanNew York Court of Chancery · 1846
- Peebles v. RogersNew York Supreme Court · 1850
- Hurd v. DavisNew York Supreme Court · 1856
3Cited by14 opinions
- Atwood v. AtwoodSupreme Court of Minnesota · 1958
- Hoff v. Northwestern Elevator Co.Supreme Court of Minnesota · 1913
- In re the Estate of BridghamSupreme Court of Minnesota · 1924
- In Re Estate of NelsonSupreme Court of Minnesota · 1930
- In Re Estate of DevenneySupreme Court of Minnesota · 1934
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