Knutson v. Davies
Supreme Court of Minnesota
Appeal by defendant, N. T. Davies, from an order of the District Court of Freeborn County, Farmer, J., refusing a new trial. N. T. Davies recovered a judgment by default in the court of a justice of the peace against Knute Gulbranson and Gulbrand Knutson for the conversion of some hay belonging to him.
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Appeal by defendant, N. T. Davies, from an order of the District Court of Freeborn County, Farmer, J., refusing a new trial. N. T. Davies recovered a judgment by default in the court of a justice of the peace against Knute Gulbranson and Gulbrand Knutson for the conversion of some hay belonging to him. They brought this action in the District Court to have that judgment adjudged void and to restrain its collection, on the ground that they were not served with the summons and did not appear in the justice’s court. The trial court found that the constable’s return of service was untrue; that…
1Opinion of the CourtGilfillan, C. J.
It was held in Crosby v. Farmer, 39 Minn. 305, (40 N. W. Rep. 71,) that in direct proceedings to vacate (and this *364action is such a proceeding) and where no rights of third persons have intervened, an officer’s return of service may be impeached. As the judgment of the justice appeared by his records to have been rendered upon jurisdiction acquired, and as no adequate remedy could be had before the justice for the falsity of the return, the basis of such jurisdiction, an independent action in a court competent to give relief must lie.
Even as between the parties upon proceedings to impeach it…
2Cases cited1 opinion
- Crosby v. FarmerSupreme Court of Minnesota · 1888
3Cited by5 opinions
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Hoover v. MaherSupreme Court of Minnesota · 1892
- Lunschen v. PetersonSupreme Court of Minnesota · 1913
- Glauber v. WallaceSupreme Court of Minnesota · 1908
- Siewert v. O'BrienSupreme Court of Minnesota · 1938