State v. Sweeney
Supreme Court of Minnesota
This action was commenced before a justice of the peace in Houston county upon the complaint of the chairman of the board of supervisors of the town of Brownville in that county, charging the defendant with the offence of obstructing a public highway. Upon the trial, upon the evidence given by defendant, the justice decided that a question of title to real estate was raised, and thereupon certified the case to the district court.
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This action was commenced before a justice of the peace in Houston county upon the complaint of the chairman of the board of supervisors of the town of Brownville in that county, charging the defendant with the offence of obstructing a public highway. Upon the trial, upon the evidence given by defendant, the justice decided that a question of title to real estate was raised, and thereupon certified the case to the district court. When the case was called in the district court, the defendant moved to dismiss, upon the ground that the court had no jurisdiction to proceed, and that the justice…
1Opinion of the CourtBerry, J.
In State v. Cotton, 29 Minn. 187, it was determined that a prosecution under Gen. St. 1878, c. 13, §§ 65, 66, for obstructing a public highway, is a criminal action, and that where it is instituted before a justice of the peace, he has jurisdiction to try and determine the same, unless the title to real estate is involved, in which case his jurisdiction to try and determine ceases. Any further proceedings before ⅛9 justice, after the title to real estate appears to be involved, should be had under Gen. St. 1878, c. 65, § 169, which provides that “if, in the progress of any trial before a…
2Cases cited1 opinion
- State v. CottonSupreme Court of Minnesota · 1882
3Cited by1 opinion
- State v. HagerSupreme Court of Minnesota · 1912