Peterson v. Kjellin
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Meeker county, Qvale, J., by which a judgment theretofore entered in favor of plaintiff and against defendant and the sureties upon his bond on appeal from a justice of the peace, was modified by discharging the judgment against the sureties. '
1Opinion of the CourtLovely, J.
Plaintiff recovered in justice court on a promissory note. Defendant appealed and gave the bond in form required by statute, whereupon plaintiff excepted to the sufficiency of the sureties, serving timely notice thereof under chapter 46, p. 46, Laws 1897. The sureties failed to appear or justify before the district court. Plaintiff moved for an affirmance of the judgment on the specified statutory ground that the sureties had failed to justify. Defendant appeared in the district court, and on the motion to affirm, which was after the time fixed by statute for furnishing additional sureties or…
2Cases cited1 opinion
- Eidam v. JohnsonSupreme Court of Minnesota · 1900
3Cited by1 opinion
- Rogers v. Day & United Products Co.Oregon Supreme Court · 1962