Morse v. Barrows
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Mower county, Farmer, J., presiding, dismissing an appeal by plaintiff from a judgment rendered in a justice’s court, upon the ground that the court did not have jurisdiction of the person of the defendant. cited Atwood v. Landis, 22 Minn. 558; Lyons v. Rafferty, 30 Minn. 526; Elliott v. Hart, 7 How. Pr. 25; Crandall v. Beach, 7 How.
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Appeal by plaintiff from an order of the district court for Mower county, Farmer, J., presiding, dismissing an appeal by plaintiff from a judgment rendered in a justice’s court, upon the ground that the court did not have jurisdiction of the person of the defendant. cited Atwood v. Landis, 22 Minn. 558; Lyons v. Rafferty, 30 Minn. 526; Elliott v. Hart, 7 How. Pr. 25; Crandall v. Beach, 7 How. Pr. 271; Mann v. Carley, 4 Gow. 148; Gardner v. Clark, 21 N Y. 39,9; Freeman v. Carpenter, 17 Wis. 126.
1Opinion of the Court
Gileillan, G. J.1
Plaintiff commenced, before a justice of the peace, an action by attachment against the defendant, by the'name of Jacob Barrows. No question is made that the process was in fact served on the defendant. On the return-day of the writ, he appeared specially before the justice, and filed a plea in abatement showing his true name to be Ghauncey W. Barrows. Plaintiff thereupon filed an affidavit stating that, when he applied for the writ, he did not know defendant’s true name, and inserted in his affidavit the name “Jacob Barrows” as an assumed or fictitious name; and he asked…
2Cases cited1 opinion
- Atwood v. LandisSupreme Court of Minnesota · 1876
3Cited by3 opinions
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