Marsile v. Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Plaintiff recovered judgment against defendant, in a justice’s court, on January 6, 1875. On January 13, 1875, the defendant served on the plaintiff a notice of appeal to the district court, on questions of law and fact, made the required affidavit as to the good faith of the appeal, and executed the proper bond.
Read the full summary
Plaintiff recovered judgment against defendant, in a justice’s court, on January 6, 1875. On January 13, 1875, the defendant served on the plaintiff a notice of appeal to the district court, on questions of law and fact, made the required affidavit as to the good faith of the appeal, and executed the proper bond. On January 16th the justice made the following entry in his docket in the case: “January 16, 1875. Affidavit duly sworn to, and approved bond duly executed, was filed with court by the defendant for an appeal. The appeal was allowed, and papers transferred to the district court in…
1Opinion of the CourtCornell, J.
Among the statutory prerequisites to the allowance of an appeal in a justice’s court, not only the notice of appeal must be served upon the opposite party within ten ■days after the judgment, but such original notice, with proof of service thereof, must be filed with the justice who rendered the judgment within ten days after such service. Gen. St. c. 65, § 104. The fact that the statute (§ 102) especially provides that an appeal allowed by a justice shall not be dismissed by reason of an omission to comply with one of the conditions of the appeal prescribed by section 104— the execution of a…
2Cited by5 opinions
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Graham v. ConradSupreme Court of Minnesota · 1896
- Schwede v. Town of BurnstownSupreme Court of Minnesota · 1886
- Smith v. KistlerSupreme Court of Minnesota · 1901
- State v. SullivanSupreme Court of Minnesota · 1963