Legal Opinion

Agin v. Heyward

Supreme Court of Minnesota

Decided December 15, 1861PublishedCited by 14 opinions

ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The claim for lien in this case was filed in the office of the Register of Deeds, under the act of Aug. 12, 1858. Stat. of Mirm.,]). 696. The amount claimed to be due was less than one hundred dollars, to wit, $69 75, with interest from September 5, 1858. Summons served August 6, 1860. The demurrer to the complaint raises the simple question, whether or not the District Court could entertain jurisdiction of such an action, when…

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ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY. The claim for lien in this case was filed in the office of the Register of Deeds, under the act of Aug. 12, 1858. Stat. of Mirm.,]). 696. The amount claimed to be due was less than one hundred dollars, to wit, $69 75, with interest from September 5, 1858. Summons served August 6, 1860. The demurrer to the complaint raises the simple question, whether or not the District Court could entertain jurisdiction of such an action, when the amount claimed to be due is less than $100. Points and Authorities of Plaintiff in Error. The only question in this…

1Opinion of the Court

By the Court —

’Emmett, C. J.

— The only question involved in this case, is whether the District Court has jurisdiction to enforce a mechanic’s lien, for a sum less than one hundred dollars. The statute directs the action to be brought in that Court whatever the amount, but the Defendant insists that by the Constitution the District Court cannot take cognizance of any action, in the first instance, where the amount in controversy is less than one hundred dollars. On the other hand the Plaintiff contends that this is an equitable proceeding, and that the District Court has original jurisdiction…

2Cited by14 opinions

  1. Schweich v. Ziegler, Inc.Supreme Court of Minnesota · 1990
  2. Henning v. WinemanSupreme Court of Minnesota · 1981
  3. State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent.Supreme Court of Minnesota · 2015
  4. Waite v. Utah Labor Comm'nUtah Supreme Court · 2017
  5. Feikert v. WilsonSupreme Court of Minnesota · 1888

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