Holgate v. Broome
Supreme Court of Minnesota
APPEAL TEOM THE DISTRICT OOUBT OP KAMSEY GOXnSTSC. Points and Authorities of Appellants. I. — The statute is imperative that the pleadings must take place at the time mentioned in the summons for the appear* anee of the parties, or at a time not exceeding one week thereafter. A Justice of the Peace is an officer of special jurisdiction and powers, and must proceed in the mode prescribed by statute and not otherwise.
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APPEAL TEOM THE DISTRICT OOUBT OP KAMSEY GOXnSTSC. Points and Authorities of Appellants. I. — The statute is imperative that the pleadings must take place at the time mentioned in the summons for the appear* anee of the parties, or at a time not exceeding one week thereafter. A Justice of the Peace is an officer of special jurisdiction and powers, and must proceed in the mode prescribed by statute and not otherwise. In case either party shall fail to appear within one hour after the hour of adjournment the Justice'shall dismiss the suit or proceed to hear the proof of the-, party present, and…
1Opinion of the Court
My the Court.
Atwatek, J.
The Appellant commenced an action in a Justice’s Court against Respondent, and filed Ms complaint Sept. 18,1862, the return day of the summons. The answer was filed, as appears by an endorsement thereon, Sept. 26, 1862, to which time the cause had been adjourned by consent of parties. The cause was called on that day at the adjourned hour, and Plaintiff did not appear. Defendant appeared by attorney, and filed his answer. The Plaintiff did not appear within the hour, and Defendant left, offering no evidence. The Justice rendered judgment for Defendant for one dollar…
2Cases cited3 opinions
- School District No. 7 v. ThompsonSupreme Court of Minnesota · 1861
- Foerster v. Kirkpatrick & RexSupreme Court of Minnesota · 1858
- Snell v. LoucksNew York Supreme Court · 1814
3Cited by11 opinions
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Fox v. MonahanCalifornia Court of Appeal · 1908
- Johnson v. HagbergSupreme Court of Minnesota · 1892
- Taylor v. ParkerSupreme Court of Minnesota · 1871
- Mattice v. LitcherdingSupreme Court of Minnesota · 1869
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