Spicer v. Kennedy
Supreme Court of Minnesota
From a judgment of justice court against plaintiffs for $99.67, they appealed to the municipal court of St. Paul. Defendant’s motion to dismiss the appeal and for affirmance of the judgment of the justice court for the reasons that the notice of appeal failed to state the ground upon which the appeal was taken, whether on questions of law alone or upon questions of law and fact, was granted, and plaintiffs’ motion to be allowed to amend the notice of appeal so that the same…
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From a judgment of justice court against plaintiffs for $99.67, they appealed to the municipal court of St. Paul. Defendant’s motion to dismiss the appeal and for affirmance of the judgment of the justice court for the reasons that the notice of appeal failed to state the ground upon which the appeal was taken, whether on questions of law alone or upon questions of law and fact, was granted, and plaintiffs’ motion to be allowed to amend the notice of appeal so that the same should read “law and fact,” was denied, Boeroer, J. Plaintiffs’ motion to vacate the order granting defendant’s motion…
1Opinion of the CourtHolt, J.
Appeals from judgments rendered by justices of the peace in the city of St. Paul are made to the municipal court of that city, but the procedure in respect to the notice of appeal and contents thereof is governed by section 7602, G. S. 1913. Plaintiffs attempted to take such appeal. It was dismissed by the municipal court and the judgment of the justice affirmed, because the notice failed to state the ground of appeal.
Due sendee of a proper notice of appeal is essential to give the appellate court jurisdiction. The section referred to requires the notice to give one *160of two grounds of appeal,…
2Cases cited7 opinions
- Holmes v. IgoSupreme Court of Minnesota · 1910
- Spencer v. Court of HonorSupreme Court of Minnesota · 1913
- Grimes v. FallSupreme Court of Minnesota · 1900
- Wentworth v. National Live Stock InsuranceSupreme Court of Minnesota · 1910
- Smith v. KistlerSupreme Court of Minnesota · 1901
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