Frasier v. Williams
Supreme Court of Minnesota
An appeal is taken in this case, by the defendant, from an order of the district court for Olmsted county, denying his application to open a judgment entered against him, on default, and to allow him to defend the action. The questions raised on the appeal are fully presented in the opinion of the court.
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An appeal is taken in this case, by the defendant, from an order of the district court for Olmsted county, denying his application to open a judgment entered against him, on default, and to allow him to defend the action. The questions raised on the appeal are fully presented in the opinion of the court. I. — The appellant claims that the summons and complaint in this action were served upon him on the 19th clay of May, 1869. The respondent asserts the service was made on the 18th day of May, 1869. The answer was served on the 8th day of June, 1869, and returned to appellant’s attorney “ as…
1Opinion of the Court
Ripley, Ch. J.
By the Court This is an action against the maker of a promissory note payable to A. March or hearer.
By the return of the sheriff on the summons, it appears that the snmmons and complaint were served on the defendant personally, on the 18th day of May 1869. Judgment was entered, by default, on the 8th day of June 1869. After-wards, on the same day, defendant served an answer by copy, on plaintiff’s attorney, who returned it the same day. On the 14th day of June 1869, upon defendant’s application on the pleadings and affidavits tending to show that the payee and not plaintiff, was…
2Cases cited8 opinions
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
- Lynd v. PicketSupreme Court of Minnesota · 1862
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Tullis v. BrawleySupreme Court of Minnesota · 1859
- Hayward v. GrantSupreme Court of Minnesota · 1868
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3Cited by6 opinions
- Splahn v. GillespieIndiana Supreme Court · 1874
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Cady v. Bay City Land Co.Oregon Supreme Court · 1921
- Hutchins v. County CommissionersSupreme Court of Minnesota · 1870
- Downer v. ReadSupreme Court of Minnesota · 1871
1 more not listed; retrieve them via the Exa API.