Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.
Supreme Court of Minnesota
Appeal by defendant, Chicago, Milwaukee & St. Paul Railway Co., from an order of the District Court of Traverse County, C. L. Brown, J., made July 2, 1891, dismissing its appeal from a judgment rendered against it in Justice Court. E. M. Stolt, plaintiff, recovered a judgment in Justice Court December 18, 1890, against' the Railway Company.
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Appeal by defendant, Chicago, Milwaukee & St. Paul Railway Co., from an order of the District Court of Traverse County, C. L. Brown, J., made July 2, 1891, dismissing its appeal from a judgment rendered against it in Justice Court. E. M. Stolt, plaintiff, recovered a judgment in Justice Court December 18, 1890, against' the Railway Company. On December 27, 1890, P. W. Root served notice of appeal on Mrs. Bertha Bohmbach, the wife of J. Bohmbach, Jr., the attorney who appeared for Stolt on the trial in the Justice Court. Root made affidavit of this service, and filed it that day with the…
1Opinion of the Court
Per Curiam:.
The affidavit of the service of notice of appeal which was filed with the justice of the peace was insufficient to show a service which can be recognized as having any legal effect. The statute 1878 G. S. ch. 65, § 114, allows service to be made otherwise than per*355sonally, by leaving a copy of the notice “at the residence” of the person to be served. The affidavit of service in question shows that a copy of the notice was delivered to the wife of the person upon whom service was sought to be made, but it does not show that this was at the residence of such person. The justice…
2Cases cited8 opinions
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
- Madigan v. MeadSupreme Court of Minnesota · 1883
- Pettingill v. DonnellySupreme Court of Minnesota · 1880
- Knight v. ElliottSupreme Court of Minnesota · 1876
- Marsile v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schubert v. J. R. Clark Co.Supreme Court of Minnesota · 1892
- Holmes v. IgoSupreme Court of Minnesota · 1910
- In Re Estate of MikkelsonSupreme Court of Minnesota · 1929
- Graham v. ConradSupreme Court of Minnesota · 1896
- Grimes v. FallSupreme Court of Minnesota · 1900
5 more not listed; retrieve them via the Exa API.