Palmer v. St. Paul & Duluth Railroad

Gen. St. 1878, c. 65, § 117, provides that upon appeal from a justice of the peace upon questions of law alone, the action shall be tried in the district court upon the return of the justice. In Barber v. Kennedy, 18 Minn. 196, (216,) we held that the justice’s. minutes of the testimony were no part of his return, there being no statute requiring or authorizing the return of the evidence. Subsequently section 116 of chapter 65 was amended by providing “that, upon an appeal upon questions of law alone, the justice before whom the action is tried shall, upon the request of either party to the…