58 Minn. 20 | Minn. | 1894
The plaintiff brought suit in the Municipal Court of the city of Duluth, in replevin, for certain pérsonal property. The summons appeared to have been duly served on the defendant on the 6th day of December, 1893, but the defendant’s attorney did not
The respondent objects to the appellant’s assignment of error, upon the ground that it is insufficient, and that it does not distinctly state the error intended to be urged on this appeal, and that it is too general, and not specific. Considering the whole case, we are of the opinion that the assignment of error is sufficient Appellant alleges that “the court below erred in granting the order vacating the judgment entered in said cause, and allowing the defendant to file his answer and defend therein.” The respondent could not be misled by such an assignment, and his brief shows that he was not only not misled, but that he comprehended the full force of the assignment of error, and prepared his own brief in.accordance with such understanding. This objection is therefore overruled.
While we are of the opinion that the practice of the defendant in not serving his answer in a legal manner (within the time allowed
The appellant earnestly contends that defendant’s affidavit of merits is insufficient. Whatever just criticisms may be indulged in as to the affidavit of the defendant’s attorney not constituting a complete and sufficient affidavit of merits, yet, connecting this with the verified answer of the defendant, which was served by defendant upon plaintiff, denying the material allegations of the plaintiff’s complaint, we are of the opinion that there was a sufficient affidavit of merits. The object of the affidavit is to show the sufficiency of the defense proposed to be made to the action. The defendant’s absolute denial in his answer of the plaintiff’s material allegations in his complaint showed that he claimed to have a complete defense. It showed a meritorious defense. That is the principal intention of an affidavit of merits.
The order appealed from is affirmed.
(Opinion published 59 N. W. 629.)