149 Minn. 56 | Minn. | 1921
Plaintiff alleges in his complaint that he effected the sale of defendant’s farm in Blue Earth county, Minnesota, and -that defendant agreed to pay him a specified commission therefor. He also alleges that defendant agreed to secure this commission by a mortgage on the land, hut failed and refused to do so-; that defendant conveyed the land to the purchaser and took hack a second mortgage for a part of the purchase price; and that defendant is not a resident of the state of Minnesota, but resides in the-state of Nebraska, and has no property in the state of Minnesota except such second mortgage. The relief asked is that plaintiff have judgment for the amount of his commission and that defen
We are of the opinion .that the attempted service of the summons gave the court no jurisdiction over defendant or his property, but, as the judgment must be affirmed on another ground, it is not necessary to extend this opinion by setting forth the reasons for that conclusion.
Defendant had the right to challenge the jurisdiction of the court, and, when his motion was overruled, he had the right to answer and defend on the merits, without waiving his objection to the jurisdiction. Perkins v. Meilicke, 66 Minn. 409, 69 N. W. 220; May v. Grawert, 86 Minn. 210, 90 N. W. 383; Getty v. Village of Alpha, 115 Minn. 500, 133 N. W. 159. But defendant did not merely defend against plaintiff’s claim. He also asserted an affirmative cause of action against plaintiff and asked for an affirmative judgment against Mm for the amount thereof. By doing so he voluntarily invoked the power of the court in Ms own behalf and thereby gave the court jurisdiction over him. Thompson v. Greer, 62 Kan. 522, 64 Pac. 48; Shufeldt v. Jefcoat, 50 Okl. 790, 151 Pac. 595; Chandler v. Citizens Nat. Bank, 149 Ind. 601, 49 N. E. 579; Lower v. Wilson, 9 S. D. 252, 68 N. W. 545, 62 Am. St. 865;
Judgment affirmed.