Payson v. Everett
Supreme Court of Minnesota
This action was commenced before a Justice of the Peace in Wright County, to recover the amount alleged to have been paid in exchange for a bank bill which plaintiff received from defendant as good money, but which he alleges was worthless. The case was tried by' a jury who found a verdict for the plaintiff, and judgment was entered thereon. The defendant, removed the cause to the District Court for that county by writ of certiorari.
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This action was commenced before a Justice of the Peace in Wright County, to recover the amount alleged to have been paid in exchange for a bank bill which plaintiff received from defendant as good money, but which he alleges was worthless. The case was tried by' a jury who found a verdict for the plaintiff, and judgment was entered thereon. The defendant, removed the cause to the District Court for that county by writ of certiorari. The evidence on the part of the plaintiff on the question of the worthlessness of the bill which was an issue in the cause as appears by the return of the…
1Opinion of the Court
By the Court.
Berry, J.
By Sections 127 <& 130, Cha/pt. 59, page 516, Pub. Stat., a Justice of the Peace was required in answer to a certiorci/ri, to make return of “all the testimony and proceedings in the case. ” Under the familiar rule by which a public officer is presumed to have done his duty, the presiimption would be (nothing appearing to the contrary) that a return in any given case was made in compliance with the law, and therefore contained “ all the testimony.” We think the learned'Judge below, erred in assuming that in the absence of a certificate from the Justice, stating that his…
2Cases cited5 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Griswold v. . HavenNew York Court of Appeals · 1862
- Orcutt v. CahillNew York Court of Appeals · 1862
- Calligan v. MixNew York Supreme Court · 1856
- Wilson v. . ElwoodNew York Court of Appeals · 1863
3Cited by10 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Reynolds v. FranklinSupreme Court of Minnesota · 1889
- Hedderly v. DownsSupreme Court of Minnesota · 1883
- Wyvell v. JonesSupreme Court of Minnesota · 1887
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