Atwood v. Landis
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1927, among the opinions in this site’s citation index.
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Cases that cite this one
5 later published cases cite this decision.
- Farmers & Merchants State Bank v. Hampton Farmers Elevator Co. (Minn. 1927)
- D'Autremont v. Anderson Iron Co. (Minn. 1908)
- Casper v. Klippen (Minn. 1895)
- Taussig v. Glenn (8th Cir. 1892)
- Morse v. Barrows (Minn. 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The similarity between the names “ William H. Landis” and “William A. Landers” is not such as to constitute this a case of “ idem sonans.” It is not claimed that defendant was ever known by any other than his true name, nor does it appear from either the complaint or summons that he was sued by the name of William A. Landers because his real name was unknown. Under these circumstances no jurisdiction was acquired over the person of the defendant by the service and return of the summons in this case, and no appearance ever having been made for him in the action, all the proceedings therein were void. The leading and principal cases upon this point are well considered and distinguished by Allen, J., in Farnham v. Hildreth, 32 Barb. 277, in whose conclusion, as therein stated, we fully concur. 3 Chitty Gen. Pr. 171, et seq.; Cole v. Hindson, 6 Term Rep. 234.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.