Higgins v. Beveridge
Supreme Court of Minnesota
Plaintiff brought this action before a justice of the peace in Hen-nepin county, and the summons was served personally on the defendant in the city of Minneapolis. On the return-day the defendant appeared specially, filed an answer pleading want of jurisdiction of the justice, and moved to dismiss. The motion was denied and judgment entered for plaintiff, the defendant having offered no evidence.
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Plaintiff brought this action before a justice of the peace in Hen-nepin county, and the summons was served personally on the defendant in the city of Minneapolis. On the return-day the defendant appeared specially, filed an answer pleading want of jurisdiction of the justice, and moved to dismiss. The motion was denied and judgment entered for plaintiff, the defendant having offered no evidence. Defendant appealed to the district court upon questions of law alone, where the judgment was affirmed by Lochren, J. Defendant appeals from the judgment of the district court.
1Opinion of the CourtYanderburgh, J.
1. The justice acquired no jurisdiction over the defendant by the service of the summons upon him within the city of Minneapolis. Burke v. St. Paul, M. & M. Ry. Co., ante, p. 172; This fact appeared by the return of the officer.
*2862. The appearance of the defendant was special only, for the purpose of objecting to the jurisdiction of the magistrate. The record shows that the defendant “appeared specially for the purpose of raising the question as to the jurisdiction of the court over the person of the defendant, and to that end filed his answer, duly verified, and moves the court that the action…
2Cases cited1 opinion
- Avery v. SlackNew York Supreme Court · 1837
3Cited by8 opinions
- Chubbuck v. ClevelandSupreme Court of Minnesota · 1887
- Whittier v. Village of FarmingtonSupreme Court of Minnesota · 1911
- Economy Electric Co. v. Automatic Electric Power & Light PlantSupreme Court of North Carolina · 1923
- Perkins v. MeilickeSupreme Court of Minnesota · 1896
- Tickle v. BartonWest Virginia Supreme Court · 1956
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