Webb v. Paxton
Supreme Court of Minnesota
Plaintiff recovered judgment by default in a justice’s court in Ramsey county, in an action to recover a commission for making a sale of real estate. The defendant appealed, upon questions of law and fact, to the municipal court of St. Paul, and in that court was allowed, against plaintiff’s objection and exception, to interpose an answer. At the trial, when the plaintiff had rested his case, the action was dismissed, on defendant’s motion.
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Plaintiff recovered judgment by default in a justice’s court in Ramsey county, in an action to recover a commission for making a sale of real estate. The defendant appealed, upon questions of law and fact, to the municipal court of St. Paul, and in that court was allowed, against plaintiff’s objection and exception, to interpose an answer. At the trial, when the plaintiff had rested his case, the action was dismissed, on defendant’s motion. Plaintiff appeals from the judgment of dismissal.
1Opinion of the CourtMitchell, J.
1. An appeal to the municipal court of St. Paul from the judgment of a justice of the peace, on questions of both law and *533fact, brings up the case for. trial de novo, and gives that court the same power over the pleadings and proceedings as if the action had originally been commenced therein. Hence the municipal court may, in such a case, in the exercise of a sound discretion, relieve the defendant from a default suffered in the justice’s court, and allow him to make an answer, although none was made before the justice. Gen. St. 1878, c. 66, § 125; Libby v. Mikelborg, 28 Minn. 38, (8 N. W.…
2Cases cited1 opinion
- Libby v. MikelborgSupreme Court of Minnesota · 1881
3Cited by15 opinions
- St. Paul Trust Co. v. StrongSupreme Court of Minnesota · 1901
- Tilleny v. WolvertonSupreme Court of Minnesota · 1891
- Flinn v. Prairie CountySupreme Court of Arkansas · 1895
- Venie v. Harriet State Bank of MinneapolisSupreme Court of Minnesota · 1920
- Hobart v. SherburneSupreme Court of Minnesota · 1896
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