Lockway v. Modern Woodmen of America
Supreme Court of Minnesota
Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance. The summons required defendant to answer the complaint, a copy of which was annexed, within twenty days after the service of the summons exclusive of the day of service.
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Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance. The summons required defendant to answer the complaint, a copy of which was annexed, within twenty days after the service of the summons exclusive of the day of service. Defendant appeared specially for the sole purpose of its motion and moved to set aside the summons and service thereof, for the reason that the same did not conform to the statute in requiring defendant to answer the complaint within twenty days. Upon the return day of the order to show cause, which defendant obtained,…
1Opinion of the CourtLewis, J.
The summons issued in this action was dated March 23, 1911, and, the defendant being a foreign fraternal insurance association, the summons was served upon the insurance commissioner on April 7, 1911. On April 25, 1911, the defendant served notice upon the plaintiff for an order to show cause why the summons should not be vacated and set aside for the reason that it required the defendant to answer the complaint within twenty days after the date of service instead of thirty days as provided by chapter 345,1 p. 469, Laws 1907 (B. L. Supp. 1909, §§ 1704 — 11 to 1704 — 41). The motion came on…
2Cases cited5 opinions
- Barker Co. v. Central West Investment Co.Nebraska Supreme Court · 1905
- Schuyler National Bank v. BollongNebraska Supreme Court · 1890
- Nelson v. NelsonNebraska Supreme Court · 1908
- State ex rel. Becker v. Brotherhood of American YeomenSupreme Court of Minnesota · 1910
- Lawrence Harbor Colony v. American Surety Co.Supreme Court of New Jersey · 1904
3Cited by20 opinions
- Nelson v. Glenwood Hills Hospitals, Inc.Supreme Court of Minnesota · 1953
- Krueger v. LynchSupreme Court of Iowa · 1951
- Flanery v. KushaSupreme Court of Minnesota · 1919
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
- Francis v. KnerrSupreme Court of Minnesota · 1921
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