Cressey v. Gierman
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COTJRT OE SCOTT COUNTX. The following is a copy of the complaint : The Plaintiff in the above entitled action for amended complaint therein, respectfully states and shows to the Court;— the complaint then proceeds with allegations showing that Defendant Gierman was on the 3d of April, 1860, duly elected a Justice of Peace for Scott county, and that the Defendants, on the 7th of July, 1860, duly executed a bond in the penal sum of $500, to “ the…
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APPEAL FROM THE DISTRICT COTJRT OE SCOTT COUNTX. The following is a copy of the complaint : The Plaintiff in the above entitled action for amended complaint therein, respectfully states and shows to the Court;— the complaint then proceeds with allegations showing that Defendant Gierman was on the 3d of April, 1860, duly elected a Justice of Peace for Scott county, and that the Defendants, on the 7th of July, 1860, duly executed a bond in the penal sum of $500, to “ the chairman of the Board of Supervisors of the town of Shakopee,” with the condition to be void if the said Gierman “ shall…
1Opinion of the Court
By the Court
Atwatee, J.
The bond upon which it was sought to hold the Defendants liable was conditioned for the faithful discharge of all the duties of Gierman as Justice of the Peace. . The important question presented therefore by *404tbe demurrer, is to determine whether the complaint alleges the breach of any duty incumbent on Gierman “as Justice of the Peace.”
Seo. 9,y>. J46, Comp. Stat., provides that “any magistrate may adjourn an examination or trial pending before himself from time to time as occasion shall require, not exceeding ten days at one time, without the consent of the Defendant…
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