Kay v. Elsholtz
Supreme Court of Minnesota
Judgment by default was entered in the district court for Hennepin county. From an order denying his motion to vacate the judgment and for a change of venue to Clay county, Fish, J., defendant appealed.
1Opinion of the Court
Dibell, C.
This is an appeal by the defendant from an order denying his motion to vacate a default judgment upon the ground that it was entered after the proper service of his answer and when he was not in default and for a change of venue.
1. Judgment was entered in favor of the plaintiff on January 18, 1917. The defendant lived in Clay county. Summons was served on him on December 26, 1916. The time in which he might answer expired 20 days after service, that is, on January 15, 1917. His claim is that on that date his answer was mailed from the village of Hawley, Clay county, the residence of…
2Cases cited7 opinions
- United States v. NoelkeU.S. Circuit Court for the District of Southern New York · 1880
- New-Haven County Bank v. MitchellSupreme Court of Connecticut · 1842
- Hoff v. Northwestern Elevator Co.Supreme Court of Minnesota · 1913
- Shelburne Falls National Bank v. TownsleyMassachusetts Supreme Judicial Court · 1869
- Van Aernam v. WinslowSupreme Court of Minnesota · 1887
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3Cited by5 opinions
- MacLean v. ReynoldsSupreme Court of Minnesota · 1928
- Hurley Bros. v. HaluptzokSupreme Court of Minnesota · 1919
- Wagshal v. District of ColumbiaDistrict of Columbia Court of Appeals · 1981
- In Re Estate of McDanielSupreme Court of Minnesota · 1946
- Bowen v. McDanielSupreme Court of Minnesota · 1946