Cremer v. Hartmann

The plaintiff in this action recovered a judgment in justice’s court. The defendant appealed to the municipal court, city of St. Paul, where the plaintiff moved to dismiss the appeal on the ground that the notice of appeal, with proof of service thereof, had not been made and filed with the justice as required by statute. The only proof of service was: “Due service of the within notice is hereby admitted this second day of June, 1884. M. A. Cremer, pr. W. J. C., Agent.” The record, therefore, shows affirmatively that the admission of service was made, not by plaintiff, but *98by some person as…