Heffner v. Gunz
Supreme Court of Minnesota
■ Appeal by plaintiff from an order of tbe district court for Mower county, Farmer, J., presiding, setting aside a judgment herein entered on default. The proof of service of the summons was conclusive, in the absence of any affidavit of merits. Tullís v. Braioley, 3 Minn. 191, (277;) Folsom v. Garli, 5 Minn. 264, (333;) Frasier v. Williams, 15 Minn. 288; First Nat.
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■ Appeal by plaintiff from an order of tbe district court for Mower county, Farmer, J., presiding, setting aside a judgment herein entered on default. The proof of service of the summons was conclusive, in the absence of any affidavit of merits. Tullís v. Braioley, 3 Minn. 191, (277;) Folsom v. Garli, 5 Minn. 264, (333;) Frasier v. Williams, 15 Minn. 288; First Nat. Bank of Hastings v. Bogers, 15 Minn. 381; Young v. Yoiing, 18 Minn. 90. The judgment having been paid and satisfied, there was nothing left 'to vacate or set aside. Cooper v. Galbraith, 24 N. J. Law, 219.
1Opinion of the Court
- Dickinson, J.
This was an action upon contract for the payment of money only. Judgment was entered upon the default of the defendant, January 27, 1881, upon proof by affidavit of service of the summons by the delivery of a copy at the place of defendant’s usual abode to one Johnson, a person of suitable age and discretion, “then a resident therein.” A writ of attachment was issued in the action, and a levy made under it. An execution was issued after judgment, and was returned, February 21,1881, satisfied by a sale of property. In July, 1881, defendant, appearing specially, moved, upon…
2Cases cited4 opinions
- Wendel v. DurbinWisconsin Supreme Court · 1870
- Covert v. ClarkSupreme Court of Minnesota · 1877
- Dunning v. PondSupreme Court of Minnesota · 1861
- Lee v. O'ShaughnessySupreme Court of Minnesota · 1873
3Cited by25 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Laura L. Walsh v. U.S. Bank, N.A.Supreme Court of Minnesota · 2014
- Williamson v. WilliamsonSupreme Court of Iowa · 1917
- Freeman v. WoodNorth Dakota Supreme Court · 1901
- Feikert v. WilsonSupreme Court of Minnesota · 1888
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