55 Minn. 443 | Minn. | 1893
The summons in this action was regular upon its face, and was served in the manner provided by statute. It stated that the complaint was filed, but in fact it had not been, and no •copy was served with the summons. On this ground the defendant made a motion to have the service of the summons set aside, and the action dismissed. The motion was confined to this specific purpose, but the attorneys signed the notice of motion as “attorneys for defendant,” without expressly limiting their appearance to that purpose. This the plaintiff, in the original brief, claimed
Assuming that a showing might be made which "would require the court to refuse to set aside the service of the summons notwithstanding the irregularity, yet this affidavit failed to make out any such case. Foraught thatappeared on the hearing of the motion, the defendant might still have been within the state, so that new service might have been made on him.
Order affirmed.