Anderson v. Southern Minnesota Railroad
Supreme Court of Minnesota
This action was brought in a justice’s court, where the plaintiff had judgment. The defendant appealed, upon questions of law, to the district court for Fillmore county, Waterman, J., presiding, where the judgment of the justice was reversed, and judgment entered for the defendant, from which the plaintiff appeals. The case is stated in the opinion.
1Opinion of the CourtYoung, J.
The plaintiff brought this action before a justice of the peace, to recover damages for cattle negligently killed. The defendant appeared at the time and place named in the summons, and answered the complaint. It now objects that the officer’s return shows an insufficient service of the summons. The objection comes too late. Having appeared generally, and pleaded to the merits in an action the subject matter of which was within the jurisdiction of the justice, the defendant cannot afterwards interpose any objection to the jurisdiction of the justice over its person, based on defects in the…
2Cases cited7 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Roberts v. WarrenWisconsin Supreme Court · 1854
- Baker v. BrintrallNew York Supreme Court · 1868
- Brown v. KelloggWisconsin Supreme Court · 1863
- Congar v. Galena & Chicago Union RailroadWisconsin Supreme Court · 1863
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3Cited by1 opinion
- Bartleson v. MunsonSupreme Court of Minnesota · 1908