Lamberton v. Raymond
Supreme Court of Minnesota
This action was commenced before a justice of the peace, who rendered judgment for plaintiff. Defendant appealed to the district court for Winona county on questions of law only, the only question raised being upon the jurisdiction of the justice.
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This action was commenced before a justice of the peace, who rendered judgment for plaintiff. Defendant appealed to the district court for Winona county on questions of law only, the only question raised being upon the jurisdiction of the justice. The district court, Orosby, J., presiding, (acting for the judge of the third district,) made an order that the judgment of the justice be reversed, and the action dismissed for want of jurisdiction, from which order the plaintiff appeals.
1Opinion of the CourtCornell, J.
Admitting that the justice had no power to' allow the amendment, (concerning which no opinion is necessary,) and that all proceedings had before him, after the filing of the original complaint, and before its amendment, *130were corctm non judice, the subsequent proceedings and conduct of the parties remove all questions of a jurisdictional character. The subject-matter of the action, both as respects its nature and the amount claimed, as disclosed by the amended complaint, was clearly within the jurisdictional limits of the justice. Both parties thereafter, without objection, litigated it before…
2Cited by5 opinions
- Wagner v. NagelSupreme Court of Minnesota · 1885
- State Ex Rel. Talaba v. MorelandOhio Supreme Court · 1936
- Loyhed v. HansonSupreme Court of Minnesota · 1881
- MacKenzie v. RyanSupreme Court of Minnesota · 1950
- Brown v. WalkerSupreme Court of Oklahoma · 1918