Davidson v. Farrell
Supreme Court of Minnesota
ERROR TO THK DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiffs in Error. I. — The records disclose neither summons, process, or other proceeding, whereby the Defendant, Davidson, is in Court, nor any pleading or issue whatever between the parties. Tbe appearance of parties might be taken as dispensing with process, but it could not dispense with pleadings and an issue.
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ERROR TO THK DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Plaintiffs in Error. I. — The records disclose neither summons, process, or other proceeding, whereby the Defendant, Davidson, is in Court, nor any pleading or issue whatever between the parties. Tbe appearance of parties might be taken as dispensing with process, but it could not dispense with pleadings and an issue. There can manifestly be no trial, no findings, and no jndgment without allegation and an issue thereon. The record of such a judgment would be no bar to a future action for the same cause. There is,…
1Opinion of the Court
By the Court.
Atwatbe, J.
The paper book in this case contains an affidavit for appeal in a j ustice’s court, as required by Sub. 1, sec. 123., p. 517 Comp. Stat., an appeal bond, acknowledgment and justification. Then the statement, that “at the General Term of the District Court, by consent of parties, the cause was referred to James Gilfillan, Esq., who made the following report.” Then follows the title of the Court and of the cause, and the report of the referee finding in favor of the Plaintiff, in the sum of fifty-one dollars and twenty-five cents, as the agreed price for the use of…
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