Burr v. Seymour
Supreme Court of Minnesota
Appeal by plaintiff from the order of the district court for Crow Wing county, Ensign, J., presiding, (acting for the judge of the 15th district,) which is mentioned in the opinion.
1Opinion of the CourtGilfillan, C. J.
This action was commenced against a non-resident defendant by publication of the summons, and judgment was entered against him by default. The affidavit of publication of the summons filed with the clerk for entry of judgment did not show a *402sufficient publication. Defendant, appearing specially for that purpose, moved to set aside the judgment on that ground. The plaintiff at the same time moved for leave to file nunc pro tunc a proper and sufficient affidavit of publication. The motions were heard at the same time, and by the same order the first motion was granted and the second denied. On…
2Cases cited3 opinions
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- Godfrey v. ValentineSupreme Court of Minnesota · 1888
- Prignitz v. FischerSupreme Court of Minnesota · 1860
3Cited by13 opinions
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Crombie v. LittleSupreme Court of Minnesota · 1891
- Bigelow v. ChattertonCourt of Appeals for the Eighth Circuit · 1892
- Ranch v. WerleyU.S. Circuit Court for the District of Oregon · 1907
- Foster v. BrickSupreme Court of Minnesota · 1913
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