38 Minn. 341 | Minn. | 1888
This is an appeal from an order vacating a judgment entered upon default in an action commenced by publication of the summons. The judgment was entered January 16, 1877, and the motion to vacate made November 15, 1887; but as the motion was made on the ground, not of any mere irregularity, but that the court never acquired jurisdiction to enter the judgment, the lapse of time does not affect the right to make the motion. A court may at any time clear its records of unauthorized and illegal entries therein. Heffner v. Gunz, 29 Minn. 108, (12 N. W. Rep. 342.)
The affidavit filed to authorize the service by publication, the defendant being a non-resident, states “that the said defendant has property in this county and state, as this deponent is informed and believes, to wit, [describing certain real estate;] that such information and belief oi affiant is founded upon information derived from Charles E. Haines, as register of deeds for said county of St. Louis.” The .court below decided that the affidavit is insufficient in not stating unqualifiedly that the defendant owned property in this state; that such statement, stated to be on information and belief, is not
Order affirmed.