Graham v. Conrad
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Eamsey county, dismissing an appeal from and affirming the judgment of a justice of the peace in favor of plaintiff, after an order, Brill, J., discharging an order to show cause why an order dismissing the appeal should not be vacated and the return of proof of service of the notice of appeal should not be amended.
1Opinion of the CourtCollins, J.
From a judgment rendered against him in justice’s court, defendant appealed to the district court. From the return of the justice it appeared that at the trial plaintiff’s appearance was personal and by E. E. Empey, his attorney, and under the provisions of Gr. S. 1894, § 5068, subd. 3, it was necessary that the notice of appeal should have been served upon plaintiff or the attorney who made the appearance. The statute also requires that the original notice of appeal, with proof of service, must be filed with the justice within ten days after service is made. These are jurisdictional…
2Cases cited3 opinions
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Marsile v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1876
- Cremer v. HartmannSupreme Court of Minnesota · 1885
3Cited by6 opinions
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Holmes v. IgoSupreme Court of Minnesota · 1910
- In Re Estate of MikkelsonSupreme Court of Minnesota · 1929
- Seattle, Lake Shore & Eastern Railway Co. v. SimpsonWashington Supreme Court · 1898
- Santala v. HillSupreme Court of Minnesota · 1919
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