Bingham v. Stewart
Supreme Court of Minnesota
This is an appeal, taken by the defendants, from a judgment of the District Court of Olmsted County. The case is sufficiently stated in the opinion of the Court.
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This is an appeal, taken by the defendants, from a judgment of the District Court of Olmsted County. The case is sufficiently stated in the opinion of the Court. The Court erred in refusing to allow the amended answer offered by defendant which was refused by the Court “ exclusively upon the ground and for the reason that district courts have no authority or discretion to allow any amendments of pleadings made in justices’ courts upon appeals therefrom, which would change the issue,” to which decision exception was taken. Geni. Stats., ¶. 463, sec. 104; Sess. Laws 1868,p. 135, chap. 93, sec.…
1Opinion of the Court
By the Court.
WilsoN, Oh. J.
This action was brought on a promissory note, before a Justice of the Peace, in Olmsted County. Prom a judgment in favor of the plaintiff, the defendants appealed, on questions of “both law and fact,” to the District Court. Defendants, at the proper time, in the District Court, asked leave to amend their answer, by alleging that the note was given for a debt of School *218District No. 30, of said county, aud that they signed and executed it, only as, and in the official capacity of trustees of the district, and “ that at the making and delivery of said instrument, it…
2Cases cited3 opinions
- Brockway v. AllenNew York Supreme Court · 1837
- Auburn City Bank v. LeonardNew York Supreme Court · 1863
- Bingham v. StewartSupreme Court of Minnesota · 1868
3Cited by7 opinions
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Deering v. ThomSupreme Court of Minnesota · 1882
- Jensen v. CrevierSupreme Court of Minnesota · 1885
- Barber v. KennedySupreme Court of Minnesota · 1872
- Burt & Carlquist Co. v. MarksUtah Supreme Court · 1918
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