Watier v. Buth
Supreme Court of Minnesota
Action in the municipal court of Stillwater for the restitution of land withheld by defendants after a sale thereof on foreclosure of a mortgage by advertisement and expiration of the time for redemption. Defendants appeared specially and objected to the jurisdiction for the reason that the summons was made returnable at a special term of court instead of at a regular term thereof, as provided by law.
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Action in the municipal court of Stillwater for the restitution of land withheld by defendants after a sale thereof on foreclosure of a mortgage by advertisement and expiration of the time for redemption. Defendants appeared specially and objected to the jurisdiction for the reason that the summons was made returnable at a special term of court instead of at a regular term thereof, as provided by law. From a judgment in favor of plaintiff, entered pursuant to the findings and order of Doe, J., defendants appealed to the supreme court. Plaintiff moved to dismiss the appeal for noncompliance…
1Opinion of the Court
On motion to dismiss the appeal the following opinion was filed October 10, 1902:
2Per curiam
This is an appeal from the judgment of the municipal court of the city of Stillwater in an action for the restitution of land, under the provisions of G. S. 1894, c. 84, relating to forcible entries and unlawful detainers. Such court, in such cases, has the power and jurisdiction which are conferred on justices of the peace by chapter 84 of the General Statutes, and the proceedings are to be the same as therein provided, but no appeal shall be allowed except to the supreme court. Sp. Laws 1881, c. 92, sube. 12, §…
3Cited by7 opinions
- Kenny v. Seu Si LunSupreme Court of Minnesota · 1907
- Dempsey v. MeighenSupreme Court of Minnesota · 1960
- Color-Ad Packaging, Inc. v. Kapak Industries, Inc.Supreme Court of Minnesota · 1969
- In Re Estate of GelinSupreme Court of Minnesota · 1949
- Hadler v. MountainSupreme Court of Minnesota · 1928
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