Legal Opinion

Lee v. Clark

Supreme Court of Minnesota

Decided May 19, 1893PublishedCited by 15 opinions

Appeal by defendant, Matt Clark, from an order of tbe District Court of Hennepin County, Thomas Canty, J., made August 25, 1892, denying bis motion to set aside and vacate tbe judgment entered against bim November 28, 1890, for $4,989.71 in favor of plaintiff, Mary B. Lee.

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Appeal by defendant, Matt Clark, from an order of tbe District Court of Hennepin County, Thomas Canty, J., made August 25, 1892, denying bis motion to set aside and vacate tbe judgment entered against bim November 28, 1890, for $4,989.71 in favor of plaintiff, Mary B. Lee. Between April 1, 1883, and September 1, 1884, tbe plaintiff, Mary B. Lee, employed defendant to sell on commission, a large quantity of saw logs, of tbe value of $7,40,4.82 over and above bis commissions; all of wbicb logs be sold witbin that time under such employment, and received tbe price. He accounted for and paid over…

1Opinion of the CourtCollins, J.

Tbe summons in this action, which was brought for tbe recovery, of money, was in strict compliance witb tbe requirements of 1878 G. S. cb. 66, §§ 53, 54, being subscribed thus: “Penney & Bogers, Attorneys for Plaintiff, No. 43 Washington Avenue *317South, Rooms 7, 8, and 9, Minneapolis, Minn.” The same words and figures appeared as an indorsement upon the back of the summons. The original complaint, properly subscribed by plaintiff’s attorneys, was attached to the summons. From the affidavit of service it appears that a private person made the same July 26, 1890, by handing to and leaving with…

2Cases cited4 opinions

  1. Millette v. MehmkeSupreme Court of Minnesota · 1879
  2. Low v. MillsMichigan Supreme Court · 1886
  3. Creveling v. MooreMichigan Supreme Court · 1878
  4. Mabbett v. VickWisconsin Supreme Court · 1881

3Cited by15 opinions

  1. Harris v. TaylorSupreme Court of Georgia · 1919
  2. Peterson v. W. Davis & SonsSupreme Court of Minnesota · 1943
  3. Francis v. KnerrSupreme Court of Minnesota · 1921
  4. Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
  5. United States v. Van DusenCourt of Appeals for the Eighth Circuit · 1935

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