Legal Opinion

Burke v. St. Paul, Minneapolis & Manitoba Railway Co.

Supreme Court of Minnesota

Decided May 10, 1886PublishedCited by 5 opinions

Plaintiff brought this action before a justice of the peace of Hen-nepin county. The summons was served on the defendant in the city of Minneapolis in that county. On the return day the defendant appeared specially, and moved to dismiss, on the ground that the justice had no jurisdiction, because it appeared that the summons was served in the city of Minneapolis. This motion was denied and judgment rendered for the plaintiff.

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Plaintiff brought this action before a justice of the peace of Hen-nepin county. The summons was served on the defendant in the city of Minneapolis in that county. On the return day the defendant appeared specially, and moved to dismiss, on the ground that the justice had no jurisdiction, because it appeared that the summons was served in the city of Minneapolis. This motion was denied and judgment rendered for the plaintiff. The defendant appealed upon questions of law alone to the district court, where the action was dismissed by Young, J., on the defendant’s motion. Plaintiff appeals from…

1Opinion of the CourtBerry, J.

Section 8, article 6,- of our constitution declares that “the legislature shall provide for the election of a sufficient number of justices of the peace in each county, * * * whose duties * * * shall be prescribed by law-. ” This commits the question of how many justices there shall be in any county, and what shall be their duties, entirely to legislative discretion. Hence it is not only competent, but proper, for the legislature to determine for any good reason that none are required in any given county, or portion thereof, or that the duties of such as are required shall be restricted; as,…

2Cited by5 opinions

  1. In re GreerSupreme Court of Kansas · 1897
  2. Smith v. VictorinSupreme Court of Minnesota · 1893
  3. State Ex Rel. Meister v. StanwaySupreme Court of Minnesota · 1928
  4. Bunker v. HansonSupreme Court of Minnesota · 1906
  5. State Ex Rel. Best v. GibbonsSupreme Court of Minnesota · 1938

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