Treat v. Court Minnesota, No. 17
Supreme Court of Minnesota
In an action in. justice court to recover $20.35 for services as treasurer of defendant, judgment was rendered in favor of plaintiff for $29.65, and an appeal was taken to the municipal court of St. Paul. At the trial plaintiff appeared specially and moved to dismiss the appeal on the ground.that the notice of appeal was fatally - defective. The court, Hanft, J., granted the motion-and dismissed the appeal.
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In an action in. justice court to recover $20.35 for services as treasurer of defendant, judgment was rendered in favor of plaintiff for $29.65, and an appeal was taken to the municipal court of St. Paul. At the trial plaintiff appeared specially and moved to dismiss the appeal on the ground.that the notice of appeal was fatally - defective. The court, Hanft, J., granted the motion-and dismissed the appeal. From the judgment dismissing the appeal and affirm-: ing the'judgment of the justice which included statutory costs of motion at $10, defendant appealed.
1Opinion of the CourtJaggakd, J.
A justice of the peace gave plaintiff judgment against defendant' in a named sum. In proceedings to appeal to the municipal court the notice of grounds of appeal was addressed “to the above-named plaintiff and to 0. S. Hoff, Esq., his attorney.” Due service of that notice was admitted by James Cormican, attorney for plaintiff. Defendant’s counsel also made affidavit of service on the plaintiff and his attorney, C. S. Hoff, Esq., by leaving a copy in a conspicuous place in the office of C. S. Hoff, his attorney, said attorney being then and there absent from his office, which was open, and…
2Cases cited4 opinions
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Closen v. AllenSupreme Court of Minnesota · 1882
- Cremer v. HartmannSupreme Court of Minnesota · 1885
- Conrad v. SwankeSupreme Court of Minnesota · 1900
3Cited by2 opinions
- Spitzhak v. RegenikSupreme Court of Minnesota · 1913
- State v. SullivanSupreme Court of Minnesota · 1963