Kennedy v. Williams
Supreme Court of Minnesota
This action was commenced in Scott county, lor tbe recovery of a balance due upon a promissory note. Tbe complaint sets out tbe note, wbicb is in tbe words and figures following: “ Shakopee, September 21,1857. “For value received, I promise to pay Moses S. Titus, or order, five hundred and tbirty-nine dollars and forty-two cents, with interest at tbe rate of two and one-balf per cent, per month until paid. $539 42. “Henry H. Williams.”
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This action was commenced in Scott county, lor tbe recovery of a balance due upon a promissory note. Tbe complaint sets out tbe note, wbicb is in tbe words and figures following: “ Shakopee, September 21,1857. “For value received, I promise to pay Moses S. Titus, or order, five hundred and tbirty-nine dollars and forty-two cents, with interest at tbe rate of two and one-balf per cent, per month until paid. $539 42. “Henry H. Williams.” Tbe complaint alleges that this note was secured by mortgage; “ that, on the 18th day of Agust, a. d. 1860, tbe aforesaid mortgage and promissory note, for a…
1Opinion of the Court
By the Court
Berry, J.
This proceeding having been dismissed for failure to procure a return within the time specified by the rule, on a motion to reinstate, the defendants in error, waiving all other objections, insist that the motion should be denied on the ground, first, that a writ of error does not lie to a judgment entered on default; and second, that a motion having been made to the court below to set aside the judgment, and denied, an appeal should have been taken from the order of denial. That a writ of error does lie in such a case, has been settled in Karns v. Kunkle, 2 Minn. 313.…
2Cases cited4 opinions
- Cornell v. MoultonNew York Supreme Court · 1846
- Wolf v. Banning & BucknellSupreme Court of Minnesota · 1859
- Karns v. KunkleSupreme Court of Minnesota · 1858
- Nininger v. Board of County CommissionersSupreme Court of Minnesota · 1865
3Cited by8 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
- Eastman v. St. Anthony Falls Water Power Co.Supreme Court of Minnesota · 1866
- Meyer v. BinklemanSupreme Court of Colorado · 1880
- Fox v. Insurance Co.West Virginia Supreme Court · 1888
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