101 Minn. 48 | Minn. | 1907
On November 17, 1905, a judgment for $81.58 in favor of the plaintiff and against the defendant was entered by default in the municipal court of the city of St. Paul. On December 21, 1906, the trial court on motion of the defendant made its order vacating the judgment and permitting the defendant to answer. The plaintiff appealed from the order.
The complaint alleged the execution of five promissory notes, aggregating'the sum of $70, by the defendant to the plaintiff. The defendant’s proposed answer alleged a meritorious defense, and the question here to be determined is whether the court erred in setting aside the judgment. It clearly appears from the record that the summons and complaint in the action were personally served on the defendant on October 24, 1905, by a young man well known to the defendant, and that on November 17 next thereafter the judgment was entered, and that the motion to set aside the judgment was made December 4, 1906; that is one year and seventeen days after the entry of the judgment. The motion was based upon the proposed answer and the affidavits of the defendant and his wife. That of the defendant, in so far as it attempts to excuse his default, is to the effect that on October
It is perfectly clear from the record that if the defendant did not in fact know, more than a year before he made his motion, that the judgment had been entered against him, it was solely because he neglectéd
Order reversed.