Stone v. Bassett
Supreme Court of Minnesota
AEPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellant: First. — The complaint does not state facts sufficient to constitute a cause of action. Stat. Minn. p. 649, Sec. 2. Second. — The complaint does not state facts sufficient to give jurisdiction to a Justice of the Peace.
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AEPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and authorities of Appellant: First. — The complaint does not state facts sufficient to constitute a cause of action. Stat. Minn. p. 649, Sec. 2. Second. — The complaint does not state facts sufficient to give jurisdiction to a Justice of the Peace. Stat. Minn. p. 651, Sec. 12; 12 U. S. Dig. p. 356, Sec. 14 and 15; People vs. Rickert, 6 Cow. 226; 2 U. S. Dig. p. 432, Sec. 75, 119, 157, 177; 18 Alabama, 600. Third. — A Justice of the Peace has not jurisdiction of an action for the recovery of the possession of real estate from a mortgagor…
1Opinion of the CourtEmmett, C. J.
By the Court. On the 5th day of February, 1857, the Defendant and wife gave a mortgage to the Plaintiff, on certain real property in Ramsey County, to secure the payment of $2000, in one year, with interest at the rate of two per cent, per month, until paid. On the 7th day of August, 1858, Defendant having failed to pay, the Plaintiff commenced an action in the District Court to foreclose the mortgage, and such proceedings were had therein, that the court, on the 5th day of May, 1859, ordered the mortgaged property, or so much thereof as might be sufficient, Jo be sold by the Sheriff to…
2Cases cited4 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Grimes v. BryneSupreme Court of Minnesota · 1858
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- James v. StullNew York Supreme Court · 1850
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