Spotts v. Beebe
Supreme Court of Minnesota
Action in the district court for Traverse county to recover $674.65. D. J. Leary was served with garnishee summons. From an order, Flaherty, J., denying plaintiff leave to file a supplemental complaint against the garnishee, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
This action was commenced on August 18, 1919, for the recovery of $674.65, claimed to be 'due from defendant for money loaned and goods sold by plaintiff to him. There was an attempt to acquire jurisdiction of defendant by the publication of the summons, and upon service of that character default judgment was rendered for the amount demanded in the complaint on October 10, 1919. Defendant was not otherwise served with the summons and made no appearance in the action. The service of the summons by publication was a nullity and the judgment rendered thereon wholly void. This is conceded by…
2Cases cited5 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- Bond v. Pennsylvania RailroadSupreme Court of Minnesota · 1914
- McCormick v. RobinsonSupreme Court of Minnesota · 1918
- Mckinney v. MillsSupreme Court of Minnesota · 1900
- Hudson v. PattersonSupreme Court of Minnesota · 1913
3Cited by3 opinions
- Haney v. HaneySupreme Court of Minnesota · 1925
- Barth v. NitkeSupreme Court of Minnesota · 1964
- First National Bank of Pepin v. CaseySupreme Court of Minnesota · 1925