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Unowsky v. Show

Louis Unowsky v. Nathan Show and Another. [Fn1]

Unowsky v. Show, 201 N.W. 936 (Minn. 1925)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
January 23, 1925
Docket
No. 24,381.
Judges
Dibell
Citations
201 N.W. 936161 Minn. 4891925 Minn. LEXIS 578

Opinion of the Court — Dibell

Dibell, J.

Judgment was entered against the defendants by default. On their motion it was vacated with leave to answer. The plaintiff appeals.

*490 Upon the service of the summons the defendants engaged counsel. He prepared answers. Through inadvertence they were placed in his office files and were not served. Promptly upon notice of the entry of judgment this motion was made. There was no substantial prejudice to the plaintiff. The trial court exercised its discretion wisely, if it was properly invoked, in vacating the judgment and permitting a defense. Rodgers v. U. S. & D. Ins. Co. 127 Minn. 435 , 149 N. W. 671 , and cases cited.

But it is said that there was no affidavit of merits. The statute requires none. G. S. 1923, § 9283; G. S. 1913, § 7786. The court rule making such requirement may be waived if merits appear from the record as they do here. Grady v. Maurice L. Rothschild & Co. 145 Minn. 74 , 176 N. W. 153 ; Dunnell, Minn. Dig. § 5020.

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 11937: 11964: 11980: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Coller v. Guardian Angels Roman Catholic Church of Chaska294 N.W.2d 712 (Minn. 1980)
  2. Vrooman Floor Covering Inc. v. Dorsey126 N.W.2d 377 (Minn. 1964)
  3. Kennedy v. Torodor276 N.W. 650 (Minn. 1937)
  4. Cowing v. Cowing201 N.W. 936 (Minn. 1925)

Most recent

  1. Coller v. Guardian Angels Roman Catholic Church of Chaska294 N.W.2d 712 (Minn. 1980)
  2. Vrooman Floor Covering Inc. v. Dorsey126 N.W.2d 377 (Minn. 1964)
  3. Kennedy v. Torodor276 N.W. 650 (Minn. 1937)
  4. Cowing v. Cowing201 N.W. 936 (Minn. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rodgers v. United States & Dominion Life Ins., 149 N.W. 671 (Minn. 1914) 15
Grady v. Maurice L. Rothschild & Co., 176 N.W. 153 (Minn. 1920) 10

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