Martin v. Curley
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Johnson, J., vacating and setting aside a default judgment and permitting defendant to answer. It is a universal rule in opening default judgments that defendant should give some reason for the default, and should excuse any seeming laches.
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Appeal by plaintiff from an order of the district court for Hennepin county, Johnson, J., vacating and setting aside a default judgment and permitting defendant to answer. It is a universal rule in opening default judgments that defendant should give some reason for the default, and should excuse any seeming laches. Mueller v. McCulloch, 59 Minn. 409; John T. Noye v. Wheaton, 60 Minn. 117. This court cannot affirm the order appealed from without encouraging carelessness and inexcusable negligence. Noye v. Wheaton, supra; Mueller v. McCulloch, supra. On the three material issues presented to…
1Opinion of the CourtMitchell, J.
This appeal is from an order vacating a default judgment and permitting the defendant to answer, and the only question is whether, in granting this relief, the court abused its discretion. The action was one to determine adverse claims to real estate.
It appears from the 'motion papers that defendant is the owner of the property unless his title has been devested by a tax title which is the basis of plaintiff’s claim. The property consists of 37 hcres, which defendant swears has been in his actual occupancy for twenty years as a part of his farm, and is worth six thousand dollars, but which…
2Cited by3 opinions
- Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
- Fleischmann v. Northwestern National Bank & Trust Co.Supreme Court of Minnesota · 1935
- WGSH, INC. v. BollingerCourt of Appeals of Minnesota · 1986