Wood v. Schoenauer
Supreme Court of Minnesota
Appeal by plaintiffs from an order of tbe district court fpr Red Lake county, Watts, J., vacating a judgment entered by default,, and permitting defendant to answer.
1Opinion of the CourtLewis, J.
On May 10,1901, plaintiffs obtained judgment by default against tbe defendant for the sum of $236, alleged due them as commission for the sale of land. The summons and complaint were left with defendant’s daughter at his usual place of abode. On Majr 16 execution was issued, and a levy made on defendant’s property, and on May 25 application to the trial court was .made to vacate the judgment and permit defendant to answer. From an order of the court setting aside tbe judgment and allowing defendant to answer, plaintiffs appeal.
Defendant’s affidavit of merits states that he first learned…
2Cases cited4 opinions
- McMurran v. BourneSupreme Court of Minnesota · 1900
- Baxter v. ChuteSupreme Court of Minnesota · 1892
- Milwaukee Harvester Co. v. SchroederSupreme Court of Minnesota · 1898
- Hull v. ChapelSupreme Court of Minnesota · 1899
3Cited by1 opinion
- Flanery v. KushaSupreme Court of Minnesota · 1920