The Saint Paul globe., 1896-08-14
MAYOR DORIAN DENIES THAT SUM-
MONS WAS SERVED ON HIM IN
A CITY CASE.
TWO JUDGMENTS BY DEFAULT,
WHICH THE CORPORATION ATTOR-
NEY WILL SEEK TO HAVE
OPENED,
ENTERED UP AGAINST THE CITY
These Were i'm Favor of Marie GIaesr
er for $2,O15, and Her Hus-
band for $685.

Two judgments by default were en-
tered against the city of ST. Paul yes
terday under circumstances that are
peculiar, to say the least. The judg-
ments in question are one In favor of
Marie Glaeser for $2,015, and the other
In favor of her husband, Theodore
Glaeser, for the sum of $765. The for
mer sued the city for $1,000 damages,
for injuries alleged to have been sus-
tanned by her in consequence of a de-
fective sidewalk on John street. Her
husband brought suit for a like
amount for the loss of his wifes serv-
ices, medical attendance, etc. S. G.
Olmstead acted as the attorney for Mr..
and Mrs. Glaeser.
The judgments by default were en-
tered under the order of Judge Willis.
The attorney for the plaintiffs ap
peared before the judge early this
week with an affidavit, setting forth
that the city of st. Paul was in de-
fault, not having served any answer
either upon the plaintiffs in each &C
ton, or upon their attorney. Another
affidavit signed by James Shields,
stated that Shields had served copies
of the summons and complaint in each
case upon Mayor Doran on the 18th of
last July. There was no other proof of
service offered.
Upon this showing Judge Willis, as
is the custom, ordered the cases to be
submitted to a referee, to take the tes-
timony of the plaintiffs as to the
amount of damages. Albert r. Moore
was selected as such referee. Mr..
Moore took the testimony in both
cases yesterday forenoon, finding the
damages in each to be as already stat
ed. His reports were promptly sub
mitted to Judge Willis, who confirmed
them, and the judgments were duly
entered.
But the city will appear before Judge
Willis this forenoon and move that the
judgment rolls be opened and the judg
ments set aside, on the ground that the
city has never been served with the
complaint in either action. Assistant
Corporation Attorney Bowe, who will
argue the motion, will submit an
affidavit signed by Mayor Doran, in
which the mayor fatty contradicts the
affidavit of service made by James
Shields. The mayor swears that to the
best of his knowledge, he never received
and was never served with any sum-
mons or complaint in either of the two
cases. The affidavit of the mayor
further recites that it is his invariable
custom, upon being served with any
legal paper or papers, to turn the same
over to the corporation attorneys office
and to take a receipt therefore, but
that he has no receipt in his possession,
for any papers in these cases The on
ly paper received by the mayor re-
lating to these cases was the usual
notice of a claim for damages which
always precedes a suit against the
city.
The sole question to be determined
will be, that Of the service of the com
plant. James Shields makes affidavit
that he served it on the mayor July II.
The mayor signs a counter affidavit
declaring that no such papers were
ever served on him. 1t is the opinion
of the legal department that there has
been some sharp practice resorted to
In these cases.