Motel Oxmon v. Modern Woodmen of America
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,000 upon defendant’s policy of insurance. Defendant appeared specially and moved to set aside the pretended service of the summons. From three orders, Gatlin, L, denying as many motions to set aside the service of summons, defendant appealed.
1Opinion of the Court
Taylor, O.
Defendant is a fraternal beneficiary association incorporated under tbe laws of the state of Illinois. Plaintiff brought suit against it upon a policy of insurance issued upon the life of her husband .and payable to herself, and caused the summons and complaint to be served upon the insurance commissioner. The summons required defendant to answer within 20 days after such service. Twenty-two days thereafter, no answer having been interposed, judgment was entered by default. The statute governing the service of the summons in such cases provides “that no such service shall be valid…
2Cases cited2 opinions
- Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1911
- Spencer v. Court of HonorSupreme Court of Minnesota · 1913
3Cited by2 opinions
- United States v. Van DusenCourt of Appeals for the Eighth Circuit · 1935
- Dressel v. BrillSupreme Court of Minnesota · 1926