Larson v. Dukleth
Supreme Court of Minnesota
From a judgment of the district court for Norman county, entered pursuant to the order of Ives, J., affirming a judgment of a justice of the peace in favor of plaintiffs, defendant appealed. A justice’s docket cannot be altered after it is made up and signed. Weaver v. Lamm on, 62 Mich. 366; Kluck v. Murphy, 115 Mich. 128; Sloss v. Bailey, 104 Iowa, 696. The jurisdiction of Justice Holm must be shown by the transfer.
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From a judgment of the district court for Norman county, entered pursuant to the order of Ives, J., affirming a judgment of a justice of the peace in favor of plaintiffs, defendant appealed. A justice’s docket cannot be altered after it is made up and signed. Weaver v. Lamm on, 62 Mich. 366; Kluck v. Murphy, 115 Mich. 128; Sloss v. Bailey, 104 Iowa, 696. The jurisdiction of Justice Holm must be shown by the transfer. Barnes v. Holton, 14 Minn. 275 (357); Miller v. Meeker, 54 Neb.-452; Rahilly v. Lane, 15 Minn. 360 (447); McG-inty v. Warner, 17 Minn. 23 (41). The proper entry on the justice’s…
1Opinion of the CourtMitchell, J.
This action was commenced before one Semling, a justice of the peace in and for the village of Halstad, in the county of Norman. The defendant filed an affidavit for a transfer of the action to another justice. Semling thereupon made and entered in his docket an order,
“That a change of venue be taken to O. B. Holm,” “justice of the peace in and for Norman county, residing in the township of Halstad, said county and state, at the residence of said justice, at 1 o’clock p. m., on Wednesday, December 8th, 1897.
Defendant paid to me the costs so far incurred in this action.”
This is the last entry…
2Cases cited1 opinion
- Loyhed v. HansonSupreme Court of Minnesota · 1881
3Cited by1 opinion
- State v. McKinleySupreme Court of Minnesota · 1911