Sheldon v. Risedorph
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Sibley county, L. M. Brown, J., presiding, opening a judgment entered on default, and permitting the defendant to answer. At the hearing of the motion the. plaintiff’s attorney appeared specially and objected to the hearing of the motion, on the ground that the motion papers were served upon him, and not upon the plaintiff, and that, at the time of service, he was not the attorney for the plaintiff.
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Appeal by plaintiff from an order of the district court for Sibley county, L. M. Brown, J., presiding, opening a judgment entered on default, and permitting the defendant to answer. At the hearing of the motion the. plaintiff’s attorney appeared specially and objected to the hearing of the motion, on the ground that the motion papers were served upon him, and not upon the plaintiff, and that, at the time of service, he was not the attorney for the plaintiff. The judgment was entered on October 27, 1876, and the notice of motion to open it was served December 18, 1876.
1Opinion of the CourtGileillan, C. J.
Appeal from an order setting aside a judgment entered against defendant upon his failure to answer, and granting him leave to answer. The motion was made about two months after the entry of judgment, upon a notice of motion, proposed answer, and affidavit excusing the failure to serve the answer in time, and swearing to merits, all of which were served on plaintiff’s attorney.
The plaintiff insists, first, that the motion papers were not projierly served, because the authority of plaintiff’s attorney to act for his client, except only to enforce the judgment, ceased upon the entry of judgment;…
2Cases cited1 opinion
- Berthold v. FoxSupreme Court of Minnesota · 1874
3Cited by11 opinions
- Carpenter v. GantzerSupreme Court of Minnesota · 1925
- Grady v. Maurice L. Rothschild & Co.Supreme Court of Minnesota · 1920
- Lesewski v. NielsenSupreme Court of Minnesota · 1959
- O'BRIEN v. KemperSupreme Court of Minnesota · 1967
- Schoregge v. GordonSupreme Court of Minnesota · 1882
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