Legal Opinion

Thompson v. Killian

Supreme Court of Minnesota

Decided June 26, 1878Published

Appeal by defendant from a judgment of the district court for Winona county, Mitchell, J., presiding, affirming the judgment of a justice of the peace, from which the defendant had appealed on questions of law alone.

1Opinion of the CourtCornell, J.

Under the liberal rules governing the construction of pleadings and proceedings in justices’ courts, especially when, as in this case, the adverse party appears and makes no objection, the oral complaint which was made and sworn to in this action, as the same is stated in substance in the docket entry, contained a sufficient statement of facts to constitute a cause of action. The facts, specifically alleged, fairly import an authority from defendant, as principal, to one *112Latson, as Ms agent, to purchase of any farmer an indefinite quantity of feed for his (defendant’s) horses, for such sum as…

2Cases cited2 opinions

  1. Tillman v. JacksonSupreme Court of Minnesota · 1854
  2. O'Brien v. PomroySupreme Court of Minnesota · 1875

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