Looney v. Drometer
Supreme Court of Minnesota
Action for trespass brought in justice’s court. From a judgment for plaintiff, defendant attempted to appeal to the district court for Dakota county on questions of law alone. The court, Crosby, J., denied plaintiff’s motion to dismiss the appeal, and from a judgment of the district court reversing the justice’s judgment, plaintiff appealed.
1Per curiam
The district court should have granted plaintiff’s motion to dismiss the appeal on the ground that it did not appear that the notice of appeal, with proof of service, was ever filed with the justice as required by statute. This is a jurisdictional prerequisite to the al*506lowance of an appeal that cannot be dispensed with. Without it there is no appeal. Marsile v. Milwaukee, 28 Minn. 4; Larrabee v. Morrison, 15 Minn. 151 (196). There is no presumption that the notice of appeal was filed. Every jurisdictional fact must appear in the return of the justice. McFarland v. Butler, 11 Minn. 42 (72);…
2Cases cited3 opinions
- Goodnow v. Board of CommissionersSupreme Court of Minnesota · 1865
- Spencer v. TozerSupreme Court of Minnesota · 1870
- Tyler v. HanscomSupreme Court of Minnesota · 1881
3Cited by1 opinion
- Smith v. KistlerSupreme Court of Minnesota · 1901