Taylor v. Bissell
Supreme Court of Minnesota
This cause was originally commenced before N. Gibbs, Esq. a Justice of the Peace for Ramsey County. The Plaintiff filed as a Complaint an account amounting to Twenty-Four Dollars, which was not verified. The Defendant answered, denying the indebtedness and setting up a counter claim amounting to Seventy-Four Dollars and Forty Cents, which Answer the Defendant in his verification thereto alleged that he believed it to be true.
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This cause was originally commenced before N. Gibbs, Esq. a Justice of the Peace for Ramsey County. The Plaintiff filed as a Complaint an account amounting to Twenty-Four Dollars, which was not verified. The Defendant answered, denying the indebtedness and setting up a counter claim amounting to Seventy-Four Dollars and Forty Cents, which Answer the Defendant in his verification thereto alleged that he believed it to be true. The Plaintiff filed no reply, and the Justice gave judgment against the Plaintiff for $51 40, and costs. The cause was afterwards removed by Certiorari, to the District…
1Opinion of the Court
*227 By the Qou/rt
Sherburne J.
-This is an action in the nature of Assumpsit, on an account annexed, originally brought before a Justice of the Peace, and carried into the District Court by writ of Certiorari.
The Defendant in his Answer set up an account in set-off greater, by the sum of about fifty dollars, than that charged in the Plaintiff’s complaint. To this answer there was no reply upon the part of the Plaintiff.
Upon the trial before the Magistrate the Plaintiff offered to introduce testimony for the purpose of disproving one or more of the charges alleged in the Defendant’s answer. This…
2Cited by3 opinions
- Donovan v. Board of Police CommissionersCalifornia Court of Appeal · 1916
- Taylor v. ParkerSupreme Court of Minnesota · 1871
- Burt v. BaileySupreme Court of Minnesota · 1875