Maloney v. Finnegan
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Hennepin county, Rea, J., presiding, overruling their demurrers to the complaint.
1Opinion of the CourtDickinson, J.
Demurrer to the complaint. The plaintiff shows title to the land in question derived by purchase at a mortgage foreclosure sale in December, 1885. It also appears that the defendant Andrew J. Finnegan is the assignee of a judgment recovered in a justice’s court against the mortgagor, subsequent to the recording of the mortgage, and subsequently docketed in the office of the clerk of the district court; that such judgment was in fact rendered without any jurisdiction having been acquired over the person of the judgment debtor, no summons having been served, and no return of any service having…
2Cases cited4 opinions
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
- Hanna v. RussellSupreme Court of Minnesota · 1866
- Gilman v. Van BruntSupreme Court of Minnesota · 1882
3Cited by5 opinions
- Lovell v. MarshallSupreme Court of Minnesota · 1925
- Palmer v. YorksSupreme Court of Minnesota · 1899
- Slingerland v. SlingerlandSupreme Court of Minnesota · 1910
- New England Mutual Life Ins. v. CapehartSupreme Court of Minnesota · 1895
- Mogan v. CarterSupreme Court of Minnesota · 1892