Hooper v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action before a justice of the peace of Scott county, to recover the value of a cow alleged to have been killed by the negligence of the defendant. The defendant appealed upon questions of law to the district court, where the judgment of the justice was affirmed by Edson, J., with double costs. Defendant appeals from the judgment of the district court.
1Opinion of the CourtVanderburgh, J.
Upon the return-day when this case was called for trial, the defendant appeared specially, and moved to dismiss on the ground that the court had no jurisdiction. The particular ground of objection was not stated, and the court overruled the motion. It now appears that the ground relied on was that the officer’s return did not show proper service of the summons. The specific objection should have been pointed out so as to enable the court to rule intel*53ligently, in which case the return might have been amended to conform to the truth, if the summons was in fact properly served. The objection…
2Cases cited3 opinions
- Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
3Cited by6 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Cox v. Minneapolis, Sault Ste. Marie & Atlantic Railway Co.Supreme Court of Minnesota · 1889
- Stacey v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1889
- Hurt v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Olson v. Burlington, C. R. & N. RailroadSouth Dakota Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.