Frankoviz v. Smith
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., presiding, vacating and setting aside a judgment entered upon default. The decision on a former appeal in this action is reported in 34 Minn. 403.
1Opinion of the CourtMitchell, J.
Appeal from an order made pursuant to Gen. St. 1878, c. 66, § 66, allowing the defendant (a non-resident, upon whom there had been no personal service) to serve and file an answer after judgment. The plaintiff claims that the court erred in granting the order, for the reasons (1) that the proposed answer does not constitute a meritorious defence; (2) that there was no sufficient affidavit of merits; (3) that defendant did not show due diligence.
Such applications are addressed largely to the discretion of the court, and nothing but a palpable abuse of discretion in granting such an application…
2Cases cited2 opinions
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Brisbin v. American Express Co.Supreme Court of Minnesota · 1870
3Cited by14 opinions
- Hinz v. Northland Milk & Ice Cream Co.Supreme Court of Minnesota · 1952
- Gray v. LawlorCalifornia Supreme Court · 1907
- People's Ice Co. v. SchlenkerSupreme Court of Minnesota · 1892
- Lord v. HawkinsSupreme Court of Minnesota · 1888
- Mayer v. MayerOregon Supreme Court · 1895
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