Smith v. Kistler
Supreme Court of Minnesota
Action before a justice of the peace of Minneapolis, who rendered judgment for plaintiff. Defendant attempted to appeal to. the district court for Hennepin county. From a judgment entered, pursuant to an order, Elliott, J., dismissing the appeal, defendant appealed to the supreme court.
1Opinion of the Court
LOVELY, j.
Plaintiff recovered a judgment before a justice of the peace in Hennepin county. Defendant attempted to appeal therefrom. The district court dismissed the appeal upon the ground that no proper notice thereof had been served and filed with the justice as required by law. The only notice of appeal contained in the return, upon which an admission of service by plaintiff’s counsel was indorsed, omitted any statement of the grounds of *103appeal, in disregard of the requirements of the statute to state therein whether “the appeal is taken upon questions of law alone, or upon questions of…
2Cases cited6 opinions
- Goodnow v. Board of CommissionersSupreme Court of Minnesota · 1865
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Spencer v. TozerSupreme Court of Minnesota · 1870
- Marsile v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1876
- Looney v. DrometerSupreme Court of Minnesota · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Buie v. Great Northern Railway Co.Supreme Court of Minnesota · 1905
- Spicer v. KennedySupreme Court of Minnesota · 1919