Legal Opinion

Schweinfurter v. Schmahl

Supreme Court of Minnesota

Decided October 20, 1897No. Nos. 10,675—(127)PublishedCited by 3 opinions

Appeal by plaintiff from a judgment on the pleadings in defendant’s favor entered in the district court for Redwood county, pursuant to an order by Webber, J.

1Opinion of the CourtCanty, J.

The defendant herein brought an action against the plaintiff herein in the municipal court of Redwood Falls. The summons was returnable at the first day of the next term, 15 days after service of said summons. The defendant therein failed to appear, and was *419defaulted, and judgment was then entered against him on such default for $87. This action is brought to set aside and annul said judgment on the ground that the same was obtained by the fraud of the plaintiff therein and the mistake of the defendant therein. The court below ordered judgment on the pleadings in favor of the defendant…

2Cases cited2 opinions

  1. Village of Celina v. Eastport Savings BankCourt of Appeals for the Sixth Circuit · 1895
  2. Elton v. BrettschneiderAppellate Court of Illinois · 1889

3Cited by3 opinions

  1. O'Brien v. LarsonSupreme Court of Minnesota · 1898
  2. Wann v. Northwestern Trust Co.Supreme Court of Minnesota · 1913
  3. Tankar Gas, Inc. v. Lumbermen's Mutual Casualty Co.Supreme Court of Minnesota · 1943

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