Cunningham v. La Crosse & Saint Paul Packet Co.
Supreme Court of Minnesota
John Cunningham, the respondent, brought an action against the La Crosse & St. Paul Packet Company, appellant, before a Justice of the Peace of Ramsey County, and recovered a judgment therein on the 28th day of November, 1862. An affidavit was presented to the Judge of the District Court of said county, on the part of said Company as plaintiff in error, against said Cunningham as defendant in error, and a writ of certiorari was issued thereon on the 18th day of December,…
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John Cunningham, the respondent, brought an action against the La Crosse & St. Paul Packet Company, appellant, before a Justice of the Peace of Ramsey County, and recovered a judgment therein on the 28th day of November, 1862. An affidavit was presented to the Judge of the District Court of said county, on the part of said Company as plaintiff in error, against said Cunningham as defendant in error, and a writ of certiorari was issued thereon on the 18th day of December, 1862. The cause was brought to a hearing at a special term of the District Court on the 29th day of January, 1863, and a…
1Opinion of the Court
By the Court —
McMillan, J.
— The statute regulating the removal of causes from Justices’ Courts by certiorari, provides that “The party applying for such certiorari, his agent or attorney, shall within twenty days after the rendition of such judgment, present to a Judge of a court of record an affidavit stating that in his belief there is reasonable cause for granting such certiorari for error in such judgment, (setting- forth the ground of error alleged,) and that the application is made in good faith and not for the purpose of delay,” &c. Comp. Stat., page 515, Sec. 124.
The statute further…
2Cases cited2 opinions
- Bunday v. DunbarSupreme Court of Minnesota · 1861
- People ex rel. White v. Albany C. P.New York Supreme Court · 1834
3Cited by3 opinions
- Baker v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1886
- Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
- Losleben v. LoslebenSupreme Court of Minnesota · 1937