Stabler v. Village of Alexandria

U.S. Circuit Court for the District of Minnesota

Stabler v. Village of Alexandria

42 F. 490, 1890 U.S. App. LEXIS 2192

CourtU.S. Circuit Court for the District of Minnesota

DecidedMay 19, 1890

StatusPublished

This text of 42 F. 490 (Stabler v. Village of Alexandria) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stabler v. Village of Alexandria, 42 F. 490, 1890 U.S. App. LEXIS 2192 (circtdmn 1890).

Pincite

Opinion

Nelson, J.

Service of summons is set aside. The charter of the village of Alexandria, incorporated by act of the legislature of Minnesota approved March 5, 1881, provides in section 21, as follows:

“When any suit or action shall be commenced against said village, the service therein shall be made by copy left with the recorder of said village.”

By the General Laws of Minnesota approved February 28, 3885, (chapter 158,) the manner prescribed for the service of summons upon municipal corporations is that it “shall be served upon the mayor or chief executive officer of such corporation,” etc. The service was made in this case upon tlio “village of Alexandria, by handing to and leaving with N. P. Ward, president, of council, a true and correct copy hereof, personally,” etc. As there was a special law with regard to the village of Alexandria, contained in section 21 of the charter, the General Laws of 1885 did not supersede it. See Amy v. City of Watertown, 130 U. S. 308, 9 Sup. Ct. Rep. 530. Ordered that, summons he set aside.

Free access — add to your briefcase to read the full text and ask questions with AI

Nelson, J.

Service of summons is set aside. The charter of the village of Alexandria, incorporated by act of the legislature of Minnesota approved March 5, 1881, provides in section 21, as follows:

“When any suit or action shall be commenced against said village, the service therein shall be made by copy left with the recorder of said village.”

By the General Laws of Minnesota approved February 28, 3885, (chapter 158,) the manner prescribed for the service of summons upon municipal corporations is that it “shall be served upon the mayor or chief executive officer of such corporation,” etc. The service was made in this case upon tlio “village of Alexandria, by handing to and leaving with N. P. Ward, president, of council, a true and correct copy hereof, personally,” etc. As there was a special law with regard to the village of Alexandria, contained in section 21 of the charter, the General Laws of 1885 did not supersede it. See Amy v. City of Watertown, 130 U. S. 308, 9 Sup. Ct. Rep. 530. Ordered that, summons he set aside.

Cite This Page — Counsel Stack

Bluebook (online)

42 F. 490, 1890 U.S. App. LEXIS 2192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stabler-v-village-of-alexandria-circtdmn-1890.

Opinion

Related

Cite This Page — Counsel Stack