Trigg v. Larson
Supreme Court of Minnesota
Plaintiff recovered judgment against the defendant, before a justice of tlie peace of Freeborn County. At the instance of the defendant an appeal was allowed by the justice to tlie District Court of said county. In' the District Court a motion made by the plaintiff to dismiss such appeal, was granted. Defendant appeals to this Court. A sufficient statement of the points presented appear in the opinion of the Court.
Read the full summary
Plaintiff recovered judgment against the defendant, before a justice of tlie peace of Freeborn County. At the instance of the defendant an appeal was allowed by the justice to tlie District Court of said county. In' the District Court a motion made by the plaintiff to dismiss such appeal, was granted. Defendant appeals to this Court. A sufficient statement of the points presented appear in the opinion of the Court. I. — The action was dismissed under the following statute: “No appeal shall be allowed by any justice until the appellant, in addition to the above requirements, shall pay all…
1Opinion of the Court
By the Court —
McMillan, J.
— This is an appeal by the. defendant from an order of the District Court dismissing an appeal from a judgment rendered in Justice’s Court. The grounds on which the appeal was dismissed were—
1. That the fee of one dollar for making the return was not paid to the justice.
2. The fees of defendant’s witnesses, as taxed, were not paid.
It distinctly appears from the return and -amended returns of the justice that his fee for making the return was not paid, and that he did not in fact waive or intend to waive the payment of it.
Sec. 150, chap. 59, Comp. Stat., provides that…
2Cases cited4 opinions
- Platt v. HibbardNew York Supreme Court · 1827
- Estate of Kemman v. PackardWisconsin Supreme Court · 1960
- People v. Saratoga Common PleasNew York Supreme Court · 1828
- Ex parte La FargeNew York Supreme Court · 1826
3Cited by2 opinions
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Rahilly v. LaneSupreme Court of Minnesota · 1870