Craighead v. Martin
Supreme Court of Minnesota
The plaintiff, on January 18, 1877, obtained from a justice of the peace a summons against the defendant, in blank as to-the return-day, filled the blank with the date February 2r 1877, and delivered it to an officer by whom it was served on the defendant on January 26, 1877. On February 2d, the defendant failing to appear, the plaintiff took judgment against him by default.
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The plaintiff, on January 18, 1877, obtained from a justice of the peace a summons against the defendant, in blank as to-the return-day, filled the blank with the date February 2r 1877, and delivered it to an officer by whom it was served on the defendant on January 26, 1877. On February 2d, the defendant failing to appear, the plaintiff took judgment against him by default. The defendant gave notice of appeal to the district court for Winona county, on questions of law alone, and filed the proper appeal papers with the justice, who allowed the appeal-The return of the justice to the district…
1Opinion of the CourtCornell, J.
No action can be instituted in a justice’s court except by the usual process or the voluntary appearance and agreement of the parties. Gen. St. c. 65, § 8. In all cases not otherwise provided for, the first or usual process is a summons issued by the justice, the requisites of which are specifically prescribed by statute. Gen. St. c. 65, §§ 10, 11. Among the essential things which the summons must contain, is a statement of the time and place, when and where the defendant is required to appear before the magistrate, to answer in the action. The designation of this time, within the statutory…
2Cases cited8 opinions
- Lowe v. StringhamWisconsin Supreme Court · 1861
- Sperry v. . ReynoldsNew York Court of Appeals · 1875
- Barnum v. FitzpatrickWisconsin Supreme Court · 1860
- Mattice v. LitcherdingSupreme Court of Minnesota · 1869
- Rahilly v. LaneSupreme Court of Minnesota · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Miner v. FrancisNorth Dakota Supreme Court · 1894
- Seurer v. HorstSupreme Court of Minnesota · 1884
- Lucas v. BrownMissouri Court of Appeals · 1908
- Finke v. LukensmeyerSupreme Court of Minnesota · 1892
- Franek v. VaughanSupreme Court of Minnesota · 1900
4 more not listed; retrieve them via the Exa API.