Spicer v. Kennedy
Supreme Court of Minnesota
From a judgment of justice court against plaintiffs for $99.67, they appealed to the municipal court of St. Paul. Defendant’s motion to dismiss the appeal and for affirmance of the judgment of the justice court for the reasons that the notice of appeal failed to state the ground upon which the appeal was taken, whether on questions of law alone or upon questions of law and fact, was granted, and plaintiffs’ motion to be allowed to amend the notice of appeal so that the same…
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From a judgment of justice court against plaintiffs for $99.67, they appealed to the municipal court of St. Paul. Defendant’s motion to dismiss the appeal and for affirmance of the judgment of the justice court for the reasons that the notice of appeal failed to state the ground upon which the appeal was taken, whether on questions of law alone or upon questions of law and fact, was granted, and plaintiffs’ motion to be allowed to amend the notice of appeal so that the same should read “law and fact,” was denied, Boeroer, J. Plaintiffs’ motion to vacate the order granting defendant’s motion…
1DissentHaluam, J.
The conduct of the justice in dismissing a complaint for failure to reply is indefensible and it seems to me his ruling may be reviewed.
The defect in the notice of appeal is one that might be waived by a general appearance in municipal court. Wrolson v. Anderson, 53 Minn. 508, 55 N. W. 597.
It seems to me the defendant made a general appearance. The following principles are well settled:
An appearance for any other purpose than to question the jurisdiction of the court is general. St. Louis Car Co. v. Stillwater St. Ry. Co. 53 Minn. 129, 54 N. W. 1064.
An appearance for this 'special purpose,…
2Cases cited6 opinions
- St. Louis Car Co. v. Stillwater Street Ry. Co.Supreme Court of Minnesota · 1893
- Wrolson v. AndersonSupreme Court of Minnesota · 1893
- Holmes v. IgoSupreme Court of Minnesota · 1910
- Spencer v. Court of HonorSupreme Court of Minnesota · 1913
- Papke v. PapkeSupreme Court of Minnesota · 1883
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