Hinds v. American Express Co.
Supreme Court of Minnesota
The complaint in this action was filed in the court of a justice of the peace for Scott county, and set up two causes of action, under two separate counts. Judgment was rendered for the plaintiff, and the defendant thereupon appealed to the district court for Scott county, upon questions of law alone. The justice returned to the district eourt a certified copy of his docket, and certain evidence taken before him upon the trial of the cause.
Read the full summary
The complaint in this action was filed in the court of a justice of the peace for Scott county, and set up two causes of action, under two separate counts. Judgment was rendered for the plaintiff, and the defendant thereupon appealed to the district court for Scott county, upon questions of law alone. The justice returned to the district eourt a certified copy of his docket, and certain evidence taken before him upon the trial of the cause. It also appeared from this return that the defendant, at a certain stage of the trial, had moved for a non-suit, upon the ground that the plaintiff had…
1Opinion of the Court
Cornell, J.'
This appeal is from the judgment of the district court of Scott county, reversing the judgment of the justice’s court, because of an insufficiency in the evidence to support it. The appeal to the district court was taken upon questions of law alone. In such ease “the action shall be tried in the district court upon the return of the justice.” Gen. St. c. 65, tit. 11, § 107, as amended by Laws 1868, c. 93. Among the things to be stated in the return, the justice is required, “upon the request of either party to the suit,” to “return to the district court a true transcript of all…
2Cases cited1 opinion
- Payson v. EverettSupreme Court of Minnesota · 1867
3Cited by5 opinions
- State ex rel. Kelly v. Probate Court ofSupreme Court of Minnesota · 1901
- Smith v. ForceSupreme Court of Minnesota · 1883
- Watson v. WardSupreme Court of Minnesota · 1880
- Continental Insurance v. RichardsonSupreme Court of Minnesota · 1897
- Warner v. FischbachSupreme Court of Minnesota · 1882