McMath v. Parsons
Supreme Court of Minnesota
Plaintiff having brought this action in the municipal court of St. Paul, the defendant appeared specially and moved to dismiss the action, on the ground that no duly verified complaint had been filed with the clerk before the issuing of the summons, and that the court had no jurisdiction to issue a summons in the action.
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Plaintiff having brought this action in the municipal court of St. Paul, the defendant appeared specially and moved to dismiss the action, on the ground that no duly verified complaint had been filed with the clerk before the issuing of the summons, and that the court had no jurisdiction to issue a summons in the action. The motion was denied, the defendant excepting, who thereupon answered, (saving his exception to the jurisdiction,) and the action was tried, and judgment entered for plaintiff, from which the defendant appeals.
1Opinion of the CourtCornell, J.
The municipal court act for the city of St. Paul provides in terms that “no summons shall issue until, the complaint in the action shall be made and filed with the' clerk.” Sp. Laws 1875, c. 2, § 11, (Gen; St. 1878, c. 64, § 90.)' It is also provided, in a subsequent portion of the same section, that each of the pleadings in any action in that court; shall be verified, etc., as in courts of justices of the peace. The omission of “verified” before “complaint” in the provision above quoted is significant, unless the latter term, in' its legal sense, includes a verification. In • the ordinary…
2Cases cited3 opinions
- Johnson v. JonesNebraska Supreme Court · 1873
- Bergesch v. KeevilSupreme Court of Missouri · 1853
- George v. McAvoyNew York Supreme Court · 1851