Allen v. McIntyre
Supreme Court of Minnesota
Appeal by plaintiffs, John H. Allen and Daniel H. Moon, from an order of the District Court of Eamsey County, James J. Egan, J., made September 18, 1893, setting aside a judgment entered December 1, 1891, against the defendant Charles W. McIntyre for $863.12.
1Opinion of the CourtMitchell, J.
This is an appeal from an order setting aside a default judgment on the ground that the summons had never been served on the defendant.
The proof of service was the affidavit of one Belknap that he served the summons and complaint, personally, on the defendant, in the city of St. Paul, on November 9, 1891. It is settled that the proof of service, even when consisting of the return of an officer, is not conclusive, as against direct proceedings in the action to set aside the judgment. Crosby v. Farmer, 39 Minn. 305, (40 N. W. 71.)
But such proof should ordinarily be upheld, unless opposed by…
2Cases cited2 opinions
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Crosby v. FarmerSupreme Court of Minnesota · 1888
3Cited by7 opinions
- Vaule v. MillerSupreme Court of Minnesota · 1897
- Kueffner v. GottfriedSupreme Court of Minnesota · 1922
- Matchett v. LiebigSouth Dakota Supreme Court · 1905
- Lunschen v. PetersonSupreme Court of Minnesota · 1913
- Whitfield v. HowardSouth Dakota Supreme Court · 1900
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