Carson v. Smith
Supreme Court of Minnesota
APPEAL KROM THE DISTRICT COURT OE WINONA COUNTY. Points and authorities of Appellant: Fvrst. — The referee, who summarily disposed of this case, under the Constitution of .Minnesota, had no judicial power; and tbe judgment is therefore erroneous. Marberry vs. Madison, 1 Branch 61 to 70; Rv/nter’s Lessee, 1 Wheat. 330 side page; In re Booth,, 3 Wis. R. 65. Second. — The complaint contained facts which constituted a good cause of action.
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APPEAL KROM THE DISTRICT COURT OE WINONA COUNTY. Points and authorities of Appellant: Fvrst. — The referee, who summarily disposed of this case, under the Constitution of .Minnesota, had no judicial power; and tbe judgment is therefore erroneous. Marberry vs. Madison, 1 Branch 61 to 70; Rv/nter’s Lessee, 1 Wheat. 330 side page; In re Booth,, 3 Wis. R. 65. Second. — The complaint contained facts which constituted a good cause of action. The judgment of dismissal is therefore erroneous. Thi/rd. — The cause was referred to the referee to try the issues of fact joined. Instead of trying the case,…
1Opinion of the Court
By the Qowt
Flandrau J.
This action was tried and decided before a referee to whom it bad been committed to bear and determine tbe whole issues therein. The first objection urged by the Appellants is that the referee bad no power under tbe State Constitution to exercise judicial powers, tbe language of that instrument being as follows : — “ Tbe judicial “ power of tbe State shall be vested in a Supreme Court, Dis- “ trict Courts, Courts of Probate, Justices of tbe Peace, and “ such other Courts inferior to the Supreme Court, as tbe Leg- “ islature may from time to time establish by a two-third…
2Cases cited1 opinion
- Peck v. HarriottSupreme Court of Pennsylvania · 1820
3Cited by12 opinions
- Wood v. CullenSupreme Court of Minnesota · 1868
- Drexler v. WaltersDistrict Court, D. Minnesota · 1968
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- St. Paul & Sioux City Railroad v. GardnerSupreme Court of Minnesota · 1872
- Morton v. MorrisCourt of Appeals of Texas · 1901
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