Marcotte v. Fitzgerald
Supreme Court of Minnesota
Action brought in justice’s court, where plaintiff had judgment for $86.50. On May 15, 1890, the defendant appealed to the municipal court of St. Paul, and paid the justice his fees, and the appeal was allowed. On June 2d the justice certified to the return, and on June 5, 1890, filed it with the clerk of the municipal court.
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Action brought in justice’s court, where plaintiff had judgment for $86.50. On May 15, 1890, the defendant appealed to the municipal court of St. Paul, and paid the justice his fees, and the appeal was allowed. On June 2d the justice certified to the return, and on June 5, 1890, filed it with the clerk of the municipal court. Oñ May 26, 1890, the defendant served on plaintiff a notice that the issues would be brought on for trial “at the next general term of said court, to be held * * * on Tuesday, the 3rd day of May, 1890.” The defendant, on May 31st, filed a note of issue, the cause was_…
1Opinion of the CourtGilfillan, C. J.
The act relating to the municipal court of St. Paul (Sp. Laws 1889, c. 351) provides (section 28) that appeals from justices of' the peace in that city shall be taken to the municipal court. The first proviso to the section reads: “Provided, however, that the appellant shall cause such appeal to be entered in this court, and placed upon the calendar for trial, at a term occurring not more than twenty days from the time of the allowance of the appeal.” A second proviso reads: “Provided, further, that the appellant shall *52cause to be served upon the respondent or his attorney a notice of trial…
2Cited by2 opinions
- Holmes v. IgoSupreme Court of Minnesota · 1910
- Wentworth v. National Live Stock InsuranceSupreme Court of Minnesota · 1910