Bandy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
' Plaintiff recovered a judgment before M. M. Shields, justice of the peace for Scott county, from which judgment defendant appealed to the district court.
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' Plaintiff recovered a judgment before M. M. Shields, justice of the peace for Scott county, from which judgment defendant appealed to the district court. A motion to dismiss the appeal because of defect in the affidavit for appeal was denied by Macdonald, J., and a trial was had, and judgment of dismissal entered, from which plaintiff appeals. cited Knight v. Elliott, 22 Minn. 551; McFarland v. Butler, 11 Minn. 42, (72;) Larrabee v. Morrison, 15 Minn. 151, (196;) Evangelical, etc., Gemeinde v. Koehler, 59 Wis. 650; Morris v. Brewster, 60 Wis. 229.
1Opinion of the Court
Gileillan, C. J.1
The affidavit for the appeal from the justice was entitled, “State of Minnesota, County of Scott. In Justice’s Court, before M. M. Shields, Esq., Justice. John Bandy v. The Chicago, St. Paul, Minneapolis & Omaha Railway Company.” “State of Minnesota, County of Scott — ss.” The jurat was, “Subscribed and sworn to be*381fore me on this fourteenth day of March, 1884.” “M. M. Shields.” Appellant claims that this is bad because there is no official designation affixed to the name (M. M. Shields) subscribed to the jurat, and in support of his claim relies on Knight v. Elliott, 22 Minn.…
2Cases cited1 opinion
- Knight v. ElliottSupreme Court of Minnesota · 1876