McOmber v. Balow
Supreme Court of Minnesota
This action coming on for trial in the district court for Clay county, before Mills, J., on defendant’s appeal, on law and facts, from a judgment of a justice of the peace, the plaintiff was allowed, against defendant’s objection and exception, to amend the complaint so as to change his demand from $99 to $160. Defendant declined to answer, and the court on plaintiff’s motion ordered judgment for $160 against defendant, for his failure to answer.
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This action coming on for trial in the district court for Clay county, before Mills, J., on defendant’s appeal, on law and facts, from a judgment of a justice of the peace, the plaintiff was allowed, against defendant’s objection and exception, to amend the complaint so as to change his demand from $99 to $160. Defendant declined to answer, and the court on plaintiff’s motion ordered judgment for $160 against defendant, for his failure to answer. Defendant appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
In cases of appeal from justice’s court upon law and fact, the trial proceeds de novo, as if the action had been originally brought in the district court. In this case the action is upon contract, and the amount claimed to be due thereon in the justice’s court was $99. Upon the new trial in the district court, upon an appeal by the defendant, the plaintiff was allowed to amend his complaint so as to claim damages in the sum of $160. The only question presented by the bill of exceptions upon this appeal is whether the district court had jurisdiction to allow such an amendment. This question…
2Cases cited4 opinions
- Jackson v. CovertNew York Supreme Court · 1830
- Dewey v. LeonardSupreme Court of Minnesota · 1869
- Dressler v. DavisWisconsin Supreme Court · 1860
- Palmer v. WylieNew York Supreme Court · 1822
3Cited by5 opinions
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Hanley v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Finke v. LukensmeyerSupreme Court of Minnesota · 1892
- Quinn v. ConklinSouth Dakota Supreme Court · 1914
- Butler v. AshSouth Dakota Supreme Court · 1897