Legal Opinion

Jourdain v. Luchsinger

Supreme Court of Minnesota

Decided December 18, 1903No. Nos. 13,614 — (101)Published

Appeal by plaintiff from an order of the municipal court of Still-water, Doe, J., overruling a demurrer to a counterclaim in defendant’s answer and certifying the case to the district court for Washington county for further, proceedings.

1Opinion of the Court

LOVELY, J.2

Appeal from the municipal court of the city of Stillwater from an order overruling plaintiff’s demurrer to a counterclaim, and certification of the cause to the district court of the First judicial district.

It was here objected that the certificate of the clerk of the municipal court did not show that all the records filed in the action had been returned. The return of the clerk is technically defective in this regard, and, if the inference were authorized from what is returned that there might be other papers omitted which the court had considered, we should regard this objection…

2Cases cited5 opinions

  1. Goebel v. HoughSupreme Court of Minnesota · 1879
  2. Acker Post, No. 21 v. CarverSupreme Court of Minnesota · 1877
  3. Vassau v. CampbellSupreme Court of Minnesota · 1900
  4. McLane v. KellySupreme Court of Minnesota · 1898
  5. Coleman v. ReiersonSupreme Court of Minnesota · 1886

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