Tuller v. Caldwell

• Decision Date: 01 January 1859
• Citation: Tuller v. Caldwell, 3 Minn. 67 (Minn. 1859)
• Parties: J. H. TULLER vs. J. Y. CALDWELL et al.
• Court: Minnesota Supreme Court

3 Minn. 67

(3 Minn. R. p. 117.)

J. H. TULLER vs. J. Y. CALDWELL et al.

Supreme Court of Minnesota.

Error to district court, Ramsey County.

The defendants in error were plaintiffs below. Judgment was entered against the defendant below by default.

S. P. Jennison, for plaintiff in error.

Smith & Gilman, for defendant in error.

EMMETT, C. J.

A copy of the complaint simply was left with the defendant in the original action, on the 10th day of May, 1858. On the 10th of June thereafter the summons was served on him, containing a notice that unless he answered the complaint in said action, a copy of which was therewith served upon him, within twenty days, the plaintiff would apply to the court for the relief demanded in the complaint. No copy of any complaint did in fact accompany the summons. The defendant paid no attention to the matter, and judgment, as for want of an answer, was entered against him on the 19th day of August, 1858.

We think this action was not properly commenced. The statute contemplates either the service of a copy of the complaint at the time the...