Morrison County Lumber Co. v. Duclos
Supreme Court of Minnesota
Action in the district court for Morrison county to recover a balance of $5,740.89 and to foreclose a mechanic’s lien for the same. Plaintiff moved for an order amending the summons and complaint by changing the name of defendant P. O. Duelos to Odilon Duelos. The motion was heard before Parsons, J., who granted it.
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Action in the district court for Morrison county to recover a balance of $5,740.89 and to foreclose a mechanic’s lien for the same. Plaintiff moved for an order amending the summons and complaint by changing the name of defendant P. O. Duelos to Odilon Duelos. The motion was heard before Parsons, J., who granted it. From that part of the order which amended the summons and complaint by such change of name and from that part of the order which denied the motion of Odilon Duelos to set aside the service of summons, he appealed.
1Opinion of the CourtHolt, J.
In an action to foreclose a mechanic’s lien a defendant was named P. O. Duelos. In the complaint filed the same name was used, and it was *174alleged that plaintiff made the contract for the improvement with the defendant P. O. Duelos, and that he was the owner of the premises upon which the lien was sought. The attorney who prepared the summons, Us pendens and complaint, personally served the summons by handing and delivering a copy thereof to Odilon Duelos, also known as O. Duelos. Odilon Duelos had a son whose name was P. O. Duelos. No attempt was made to serve upon the son. The attorney who…
2Cases cited5 opinions
- Sleeper v. KillionSupreme Court of Iowa · 1914
- Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1911
- Casper v. KlippenSupreme Court of Minnesota · 1895
- Fassy v. JacobsNew York Supreme Court · 1911
- Fassy v. JacobsAppellate Terms of the Supreme Court of New York · 1911
3Cited by10 opinions
- Bateman v. WoodMassachusetts Supreme Judicial Court · 1937
- Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
- I. Epstein & Brother v. First National BankSupreme Court of Florida · 1926
- Flanery v. KushaSupreme Court of Minnesota · 1919
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
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