O'Brien v. Pomroy
Supreme Court of Minnesota
This was an action for a wrongful taking and detention of personal property, and was commenced in a justice’s court. On the return day of the summons, January 15, 1874, the parties appeared before the justice, the plaintiff filed his complaint, and thereupon, by consent of parties, the cause was adjourned to January 23, at which time the parties again appeared, and defendants moved to dismiss for want of jurisdiction and for insufficiency of the complaint.
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This was an action for a wrongful taking and detention of personal property, and was commenced in a justice’s court. On the return day of the summons, January 15, 1874, the parties appeared before the justice, the plaintiff filed his complaint, and thereupon, by consent of parties, the cause was adjourned to January 23, at which time the parties again appeared, and defendants moved to dismiss for want of jurisdiction and for insufficiency of the complaint. These motions being denied, the defendants offered to file an answer, which, on plaintiff’s objection, was refused by the justice, who…
1Opinion of the CourtCornell, J.
In an action before a justice of the peace the right to plead must be exercised on the return day of the summons, or at such other time, not exceeding one week next thereafter, as may be appointed by the justice, with the consent of parties; and when, as in this case, the complaint is filed at the proper time, and defendant, omitting to plead thereto, consents to an adjournment beyond the time limited for pleading, his right to answer is gone, {Mattice v. Hitcher ding, 14 Minn. 142,) and the pleadings are closed, within the meaning of Gen. St. ch. 65, § 34. When the pleadings are thus closed…
2Cases cited1 opinion
- Mattice v. LitcherdingSupreme Court of Minnesota · 1869
3Cited by4 opinions
- Universalist General Convention v. BottineauSupreme Court of Minnesota · 1889
- Taylor v. WaltherSupreme Court of Minnesota · 1906
- Thompson v. KillianSupreme Court of Minnesota · 1878
- Wheeler v. PatersonSupreme Court of Minnesota · 1896