Hanna v. Russell
Supreme Court of Minnesota
This action was commenced in the District Court for Hennepin County, which is and was at the time the action was commenced in the fourth judicial district. The summons, so far as material, was as follows: “District Cowrt, 3d Dist/riot, LLeovnepi/n Cownty, Mw/nesotct Territory. Joshua Hanna * * * vs. * * * Roswell P. Russell. * * * To the above named Defenda/nts : Yon and each of you are hereby summoned,” &o.
Read the full summary
This action was commenced in the District Court for Hennepin County, which is and was at the time the action was commenced in the fourth judicial district. The summons, so far as material, was as follows: “District Cowrt, 3d Dist/riot, LLeovnepi/n Cownty, Mw/nesotct Territory. Joshua Hanna * * * vs. * * * Roswell P. Russell. * * * To the above named Defenda/nts : Yon and each of you are hereby summoned,” &o. The summons bore date May 18, 1858. Minnesota was admitted as a State May 11, 1858; while it was a Territory, Hennepin County was in the 3d district. Service of the summons was made on…
1Opinion of the Court
By the Cou/rt
ÍWxl&os, Oh. J.
The defendant Russell made a motion in the Court below, to be relieved from a judgment entered against him in this action, on the ground that the- Court had no jurisdiction to render such judgment, *85“as appears upon the tace of the summons, and in which the following defects exist: (1) that the action was not commenced in any court haying a legal existence at the time the said pretended summons was issued; and (2) the said pretended summons has not the style required by section fourteen of article six of the Constitution of this State. ” .The summons was personally…
2Cases cited3 opinions
- Ilsley v. HarrisWisconsin Supreme Court · 1859
- Hinkley v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1864
- Dorman v. BayleySupreme Court of Minnesota · 1865
3Cited by11 opinions
- Buysse v. Baumann-Furrie & Co.Supreme Court of Minnesota · 1989
- Chisholm v. GilmerSupreme Court of the United States · 1936
- Thompson v. BickfordSupreme Court of Minnesota · 1872
- Fairley v. City of DuluthSupreme Court of Minnesota · 1921
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
6 more not listed; retrieve them via the Exa API.