Mueller v. Reimer
Supreme Court of Minnesota
In 1875, Jacob B. Mueller and John Heinrich brought suit in the-district court for Hennepin county against Bernhard Beimer, (anon-resident,) to recover $100, and caused a writ of attachment to be-issued and levied on real estate of Beimer in Minneapolis, and the summons to be published.
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In 1875, Jacob B. Mueller and John Heinrich brought suit in the-district court for Hennepin county against Bernhard Beimer, (anon-resident,) to recover $100, and caused a writ of attachment to be-issued and levied on real estate of Beimer in Minneapolis, and the summons to be published. Beimer did not appear, judgment was rendered and docketed against him on July 24,1876, and on September 23, 1876, the attached real estate was sold on execution, issued on the judgment, to the judgment creditors, who, in 1884, (no redemption having been made,) conveyed to Stanford Newel. Beimer-died July 9,…
1Opinion of the CourtMitchell, J.
We think that a judgment absolutely void for want of j urisdiction appearing on its face, may be set aside on the motion of any person who, although not a party to the action, has an interest in the property upon which it is a cloud. Such a motion is not, strictly speaking, a proceeding in the action, but an application to have the records purged of an unauthorized and illegal entry. Hervey v. Edmunds, 68 N. C. 243; Blodget v. Blodget, 42 How. Pr. 19; Mills v. Dickson, 6 Rich. Law, 487; Milnor v. Milnor, 9 N. J. Law, 93; Hunter v. Cleveland Stove Co., 31 Minn. 505, 511, (18 N. W. Rep. 645.)…
2Cases cited3 opinions
- Henry J. Heryey & Co. v. EdmundsSupreme Court of North Carolina · 1873
- Hunter v. Cleveland Co-operative Stove Co.Supreme Court of Minnesota · 1884
- Blodget v. BlodgetNew York Supreme Court · 1871
3Cited by7 opinions
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Hanson v. WoolstonCourt of Appeals of Minnesota · 2005
- Ballard Savings & Loan Ass'n v. LindenWashington Supreme Court · 1936
- O'Howell v. MillerMissouri Court of Appeals · 1928
- Campbell v. CoulstonNorth Dakota Supreme Court · 1910
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