White v. Iltis
Supreme Court of Minnesota
This was an action upon several promissory notes, each bearing not more than ten per cent, interest before maturity, 'and each containing the following provision: “The rate of interest to be ten per cent, per-annum if not paid at maturity, and attorney’s fees of ten per cent, if placed in the hands of an attorney for collection.”
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This was an action upon several promissory notes, each bearing not more than ten per cent, interest before maturity, 'and each containing the following provision: “The rate of interest to be ten per cent, per-annum if not paid at maturity, and attorney’s fees of ten per cent, if placed in the hands of an attorney for collection.” The summons was personally served upon the defendants, and notified them that, upon failure to answer the annexed complaint within the time allowed 'by statute, the plaintiffs would apply to the court to have the amount they were entitled to recover “ascertained by…
1Opinion of the CourtBerry, J.
1. This is an appeal from a judgment taken by plaintiffs, upon defendants’ default, in the district court.1 The summons gave notice that the plaintiffs would apply to the court to have the amount which they were entitled to recover “ascertained by the court, or under its decision, and-take judgment for the amount so ascertained, together with the costs and disbursements. ” It is evident that the word “decision” is, through a clerical inadvertence, used for the proper statutory word “direction.” But the mistake is of no importance. To say that the amount is to be “ascertained by the court or…
2Cases cited2 opinions
- Grant v. SchmidtSupreme Court of Minnesota · 1875
- Newell v. HoultonSupreme Court of Minnesota · 1875
3Cited by7 opinions
- Northern Trust Co. v. Albert Lea CollegeSupreme Court of Minnesota · 1897
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
- French v. GinsburgSupreme Court of Minnesota · 1894
- Holbrook v. SimsSupreme Court of Minnesota · 1888
- Stanley v. RachofskyOregon Supreme Court · 1908
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