Oldenberg v. Devine
Supreme Court of Minnesota
Appeal by defendant Devine from a judgment of the district court for Scott county, entered against defendant and the sureties on his appeal from a judgment of a justice of the peace, before whom the action was first -brought.
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Appeal by defendant Devine from a judgment of the district court for Scott county, entered against defendant and the sureties on his appeal from a judgment of a justice of the peace, before whom the action was first -brought. The justice had rendered judgment against the defendant for $11.50 damages and $15.41 costs; the defendant appealed on law and-faets, and the judgment in the district court recites, “this action being upon the calendar for trial at the June, 1888, general term of this court, and upon the call thereof it was stipulated in open court that the said action should be tried…
1Opinion of the CourtDickinson, J.
This is an appeal from a judgment entered in the district court in a cause brought to that court by appeal from the judgment of a justice of the peace. The appellant contends that the judgment of the district court should be vacated, because it was entered by the clerk without any other authority than a written stipulation of the parties, no order of the court therefor having been made; and also because the record does not show that, even under the terms of the stipulation, the judgment was authorized. The authority of the judge of the district court having never been exercised-, either in…
2Cases cited3 opinions
- O'Brien v. City of Saint PaulSupreme Court of Minnesota · 1872
- Coles v. BerryhillSupreme Court of Minnesota · 1887
- Snow v. HardySupreme Court of Minnesota · 1859
3Cited by4 opinions
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Scott v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1889
- Goldman v. ChristySupreme Court of Minnesota · 1924
- Parker v. BradfordSupreme Court of Minnesota · 1897