Cited by

*Page 565 Applying this rule to district court proceedings requiring service of summons, in Vaule v. Miller, 69 Minn. 440 , 72 N.W.

*565 Applying this rule to district court proceedings requiring service of summons, in Vaule v. Miller, 69 Minn. 440 , , we stated: “An action may be maintained to set aside a judgment valid on its face on the ground that the summons was never served on the defendant.

Vaule v. Miller, 69 Minn. 440 , .

See Vaule v. Miller, 69 Minn. 440 , .

In Vaule v. Miller, 69 Minn. 440 , , it was held that a judgment of a justice of the peace might be attacked when there was no jurisdiction by answer when suit was brought upon it in the district court.

Jensen v. Crevier, 33 Minn. 372 , ; Vaule v. Miller, 69 Minn. 440 , ; Kueffner v. Gottfried, 154 Minn. 70 , .

To overcome its effect as prima facie evidence, the proofs must be “clear and satisfactory,” Jensen v. Crevier, 33 Minn. 372 , ; Allen v. McIntyre, 56 Minn. 351 , ; Lunschen v. Peterson, 120 Minn. 288 , ; “clear and practically conclusive,” Vaule v. Miller, 69 Minn. 440 , ; “positive, satisfactory and convincing,” Osman v. Wisted, 78 Minn. 295 , ; “unequivocal, clear and convincing,” Oertel v. Pierce, 116 Minn. 266 , , Ann. Cas.

Vaule v. Miller, 69 Minn. 440 , .

This instruction is conceded to be correct by appellant, and in accord with the rulings of the court in Jensen v. Crevier, 33 Minn. 372 , ; Allen v. McIntyre, 56 Minn. 351 , ; Knutson v. Davies, 51 Minn. 363 , , and Vaule v. Miller, 69 Minn. 440 , .

While it is true that courts should proceed with caution in overturning the certificate of an officer charged with the duty of serving process, and should require unequivocal, clear, and convincing evidence of the falsity of the returns attacked before doing so (Vaule v. Miller, 69 Minn. 440 , ; Osman v. Wisted, 78 Minn. 295 , ), yet the rule guiding this court in respect to the review of the findings of a trial court in such cases remains the same.

In Vaule v. Miller, 69 Minn. 440 , , it is stated: “Whatever question upon the subject there may be in other jurisdictions, it is settled in this state that an action in equity may be maintained to set aside a judgment upon the ground that the summons was never served upon the defendant, and the officer’s return of service shown to be fa

Vaule v. Miller, 69 Minn. 440 , .

The case of Vaule v. Miller, 69 Minn. 440 , , is distinguishable.

Vaule v. Miller, 69 Minn. 440 , .

Attack, §§ 2, 3; Vaule v. Miller, 69 Minn. 440 , .

Vaule v. Miller, 69 Minn. 440 , .