Lathrop v. O'Brien
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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 1917, among the opinions in this site’s citation index.
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Cases that cite this one
4 later published cases cite this decision.
- Standard Lithographing & Printing Co. v. Twin City Motor Speedway Co. (Minn. 1917)
- Valley State Bank, Ltd. v. Post Falls Land & Water Co. (Idaho 1916)
- J. H. Queal & Co. v. Bulen (Minn. 1903)
- McMurran v. Bourne (Minn. 1900)
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
Plaintiff appeals from an order vacating a judgment in bis favor entered on default, and permitting an answer. The defendant’s laches was sufficiently excused, aind the proposed answer, although somewhat loosely drawn, upon its face stated a defence, the truth or falsity of which could not properly be determined upon conflicting ex parte affidavits, on plaintiff’s contention that the proposed answer was sham. There was no abuse of discretion on the part of the court granting the order appealed from.
Affirmed.
jSTote. A motion for a reargument of this case was 'denied December 17, 1891.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.