Watson v. Ward
Supreme Court of Minnesota
Plaintiff brought this action in a justice’s court, to recover-possession of a colt, stated in the affidavit and complaint .to be of the value of $70, and for $30 damages for its detention, and for costs.
Read the full summary
Plaintiff brought this action in a justice’s court, to recover-possession of a colt, stated in the affidavit and complaint .to be of the value of $70, and for $30 damages for its detention, and for costs. The property was taken from defendant under the writ, and delivered to the plaintiff, who -afterwards had judgment that he retain possession of the property, and-for $20 damages, and his costs taxed at $15,91. The defendant-appealed, on questions of law alone, to the district .court - for Goodhue county, where the cause was tried before Crosby,- J.f who ordered that the judgment of the…
1Opinion of the CourtBerry, J.
1. Section 8, article 6, of the constitution of this 'state provides that “no justice of the peace shall have jurisdiction of any civil cause where the amount in controversy shall exceed one hundred dollars. ” In the meaning of this section, the words “the amount in controversy” do not include the costs of litigation. They have reference to the subject of the litigation, of which the costs are a mere incident.
2. The evidence was certainly sufficient to sustain the find, ing of the unlawful and wrongful taking and detention charged in the complaint.
3. By Gen. St. 1878, c. 65, § 117, upon an…
2Cases cited2 opinions
- Hinds v. American Express Co.Supreme Court of Minnesota · 1877
- State v. BlissSupreme Court of Minnesota · 1875
3Cited by5 opinions
- Closen v. AllenSupreme Court of Minnesota · 1882
- State v. LarsonSupreme Court of Minnesota · 1889
- Thorson v. SaubySupreme Court of Minnesota · 1897
- Conrad v. SwankeSupreme Court of Minnesota · 1900
- Flaherty v. RaffertySupreme Court of Minnesota · 1892