Spitzhak v. Regenik
Supreme Court of Minnesota
Susanna Spitzhalc appealed from a judgment in justice court to the district court for Stearns county. When the case was called for trial, defendants moved for a dismissal of the appeal and the motion was denied.
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Susanna Spitzhalc appealed from a judgment in justice court to the district court for Stearns county. When the case was called for trial, defendants moved for a dismissal of the appeal and the motion was denied. The case was then tried before Nye, J., who made findings of fact and ordered judgment in favor of plaintiff or, in case possession of the personal property could not be obtained, judgment in the sum of $25. From the judgment entered pursuant to the order for judgment, defendants appealed.
1Opinion of the CourtHallam, J.
This is an action in replevin, commenced in justice court. The justice found for the defendants. Plaintiff prepared a notice of appeal to the district court in regular form. In the record is an affidavit of one Ahles that “he served the within notice of appeal upon J. D. Sullivan, attorney for defendants herein, by delivering to and leaving at his office a true and correct copy thereof.”
1. This service was not sufficient. The statute provides that “the party appealing shall serve a notice upon the opposite party, his agent or attorney,” and that “such notice shall be served by delivering a…
2Cases cited10 opinions
- Newlove v. WoodwardNebraska Supreme Court · 1880
- Wrolson v. AndersonSupreme Court of Minnesota · 1893
- Johnson v. HagbergSupreme Court of Minnesota · 1892
- Bentz v. EubanksSupreme Court of Kansas · 1884
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
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3Cited by3 opinions
- Santala v. HillSupreme Court of Minnesota · 1919
- Brennan v. CavanaughSupreme Court of Minnesota · 1929
- Farmers State Bank v. RiebeSupreme Court of Minnesota · 1924