Finke v. Lukensmeyer
Supreme Court of Minnesota
Appeal by defendant, W. H. Lukensmeyer, from a judgment of the District Court of Nobles County, P. E. Brown, J., entered May 16, 1892. August Finke brought this action against the defendant before O. W. Freeman, a Justice of the Peace in Nobles County. The summons was served and the defendant appeared in person on the return day.
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Appeal by defendant, W. H. Lukensmeyer, from a judgment of the District Court of Nobles County, P. E. Brown, J., entered May 16, 1892. August Finke brought this action against the defendant before O. W. Freeman, a Justice of the Peace in Nobles County. The summons was served and the defendant appeared in person on the return day. The plaintiff filed a written complaint on that day, December 1, 1891, and the case was by consent adjourned to December 8, 1891. On that day plaintiff appeared and filed an amended complaint, changing his causes of action somewhat from those alleged in his original…
1Opinion of the CourtCollins, J.
The judgment appealed from will have to be affirmed. On questions of both law and fact, defendant appealed to the district court from a judgment rendered by a justice of the peace. It was not material in the appellate court to consider whether the judgment appealed from was valid or unauthorized, for the justice had jurisdiction of the parties and of the subject-matter. The appeal on both law and fact brought the case to the district court for trial de novo upon its merits. This has been held repeatedly here. See Bingham v. Stewart, 14 Minn. 214, (Gil. 153;) Craighead v. Martin, 25 Minn. 41;…
2Cases cited6 opinions
- National Investment Co. v. National Savings, Loan & Building Ass'nSupreme Court of Minnesota · 1892
- Seurer v. HorstSupreme Court of Minnesota · 1884
- Craighead v. MartinSupreme Court of Minnesota · 1878
- Bingham v. StewartSupreme Court of Minnesota · 1869
- McOmber v. BalowSupreme Court of Minnesota · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hughes v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1912
- Haney v. WeltyWyoming Supreme Court · 1917
- Sheehy v. WhippsSupreme Court of Minnesota · 1913