Legal Opinion

Dorman v. Bayley

Supreme Court of Minnesota

Decided July 15, 1865PublishedCited by 1 opinion

This action was commenced before a Justice of the Peace in Scott County, and judgment rendered in favor of the plaintiff. The defendant appealed to the District Court of that county. When the‘cause came onto be heard, the plaintiff moved the Court to dismiss the appeal on the ground that there should have been a “TJ.

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This action was commenced before a Justice of the Peace in Scott County, and judgment rendered in favor of the plaintiff. The defendant appealed to the District Court of that county. When the‘cause came onto be heard, the plaintiff moved the Court to dismiss the appeal on the ground that there should have been a “TJ. S. Revenue Stamp of the denomination of 50 cents, attached to some one of the appeal papers ; and that as there was no such stamp attached, the appeal was ineffectual and void.” The Court held that such stamp was necessary and that it should be attached to the affidavit filed for…

1Opinion of the Court

By the Court —

Wilson, C. J.

— This ease presents the simple question whether an appeal from a Justice of the Peace under our statute is ineffectual and void if none of the appeal papers is stamped. In schedule B of the Internal Revenue law of 1864, are specified as subject to a stamp duty of fifty cents each, the following instruments or papers: “Writs or other process on appeal from Justices’ Courts or other Courts of inferior jurisdiction to a Court of Record.” This is the only law now in force requiring a stamp on such papers. The language here used : writs or other process, and its…

2Cited by1 opinion

  1. Hanna v. RussellSupreme Court of Minnesota · 1866

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