Legal Opinion

Hencke v. Twomey

Supreme Court of Minnesota

Decided October 26, 1894No. 8889PublishedCited by 4 opinions

Appeal by defendants, William K. Twomey and wife and William H. Townsend, from a judgment of the District Court of St. Louis County, Charles L. Lewis, 3., entered March 14, 1894. Mary E. Moses was on May 19, 1879, the owner in fee of the east half of lot twenty eight (28) in block five (5) Central Division of Duluth. She resided at Skeneateles, N. Y., and was on March 23, 1876, the owner of fifteen shares of the capital stock of the First National Bank of Duluth.

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Appeal by defendants, William K. Twomey and wife and William H. Townsend, from a judgment of the District Court of St. Louis County, Charles L. Lewis, 3., entered March 14, 1894. Mary E. Moses was on May 19, 1879, the owner in fee of the east half of lot twenty eight (28) in block five (5) Central Division of Duluth. She resided at Skeneateles, N. Y., and was on March 23, 1876, the owner of fifteen shares of the capital stock of the First National Bank of Duluth. This bank failed to redeem its circulating notes and on that day the Comptroller of the Currency appointed Calvin P. Bailey…

1Opinion of the CourtMitchell, J.

The title to the premises in controversy all depends-upon the validity of the judgment rendered in the District Court of St. Louis County, in 1879, in favor of the receiver of an insolvent national bank against Mrs. Moses, a stockholder, to recover an assessment made by the Comptroller of the Currency on her personal liability for the debts of the bank. Mrs. Moses being a nonresident,, she was proceeded against by attachment of the real estate in question, and by publication of the summons.

Under the statute then in force, in actions for the recovery of money the summons could be served on a…

2Cases cited1 opinion

  1. Freeman v. LawtonSupreme Court of Minnesota · 1894

3Cited by4 opinions

  1. Wagner v. Farmers Co-operative Exchange Co. of Good ThunderSupreme Court of Minnesota · 1920
  2. Donigan v. DoniganSupreme Court of Minnesota · 1952
  3. Pye v. MagnusonSupreme Court of Minnesota · 1929
  4. Freeman v. LawtonSupreme Court of Minnesota · 1894

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