Janney v. Sleeper
Supreme Court of Minnesota
This aption was brought in the municipal court of Minneapolis, to recover the price of glass alleged to have been sold and delivered to defendant in Minneapolis. The answer sets up as a defence that the contract of sale required a delivery to defendant in Brainerd, and that plaintiffs had failed to make such delivery. Upon the trial, it appeared that the plaintiffs had shipped the glass to defendants by rail, and that it was broken in transit from. Minneapolis to Brainerd.
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This aption was brought in the municipal court of Minneapolis, to recover the price of glass alleged to have been sold and delivered to defendant in Minneapolis. The answer sets up as a defence that the contract of sale required a delivery to defendant in Brainerd, and that plaintiffs had failed to make such delivery. Upon the trial, it appeared that the plaintiffs had shipped the glass to defendants by rail, and that it was broken in transit from. Minneapolis to Brainerd. Plaintiffs had a verdict, and defendant appeals from the judgment entered thereon.
1Opinion of the CourtMitchell, J.
1. The motion for a change of the place of trial of this action from the municipal court of Minneapolis to the district court- for the county of Crow Wing, where defendant resided, was properly denied. The provisions of Gen. St. 1878, c. 66, tit. 4, re*474lating to a change of the place of trial, do not apply to the municipal court. They were only intended to provide for a change of the place of trial from the district court for one county to the same court for another county, and were never designed to authorize the transfer of an action from one court to another differently organized and…
2Cases cited4 opinions
- Smith v. GillettIllinois Supreme Court · 1869
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Rice v. ChurchillNew York Supreme Court · 1846
- Hamilton v. CalhounSupreme Court of Pennsylvania · 1833
3Cited by10 opinions
- Kessler v. SmithSupreme Court of Minnesota · 1890
- Lovegrove v. LovegroveSupreme Court of North Carolina · 1953
- Sarbecker v. StateWisconsin Supreme Court · 1886
- United States v. ClineDistrict Court, W.D. North Carolina · 1885
- Mobile Fruit & Trading Co. v. McGuireSupreme Court of Minnesota · 1900
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