Knight v. Elliott
Supreme Court of Minnesota
Plaintiff recovered judgment against defendant in a justice’s court in Wright county. The defendant undertook to appeal therefrom. The justice having refused to allow the appeal and make a return, the defendant made a motion in the district court for Wright county, before Vanderburgh, J., that the justice be required to.make a return on the appeal.
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Plaintiff recovered judgment against defendant in a justice’s court in Wright county. The defendant undertook to appeal therefrom. The justice having refused to allow the appeal and make a return, the defendant made a motion in the district court for Wright county, before Vanderburgh, J., that the justice be required to.make a return on the appeal. At the hearing of the motion it appeared that the paper, filed with the justice as an affidavit for appeal had the following jurat: ‘ ‘ Subscribed and sworn to before me on this 22d day of October, A. D. 1874. William L. Yan Email.” It appeared by…
1Opinion of the CourtGileillan, C. J.
According to the decision of this court in McFarland v. Butler, 11 Minn. 72, the filing of an affidavit by a party appealing from the judgment of a justice of the peace is essential to give the appellate court jurisdiction. In this case the paper filed had a regular jurat, but there was no official designation to the name of the person before whom it purported to have been sworn. There may be cases where such a defect can be supplied by other proof, as in State v. Green, 3 Green, (N. J.,) 88, where the question was whether certain officers had duly qualified, and the written oath produced had…
2Cases cited1 opinion
- McFarland v. ButlerSupreme Court of Minnesota · 1865
3Cited by5 opinions
- Colman v. GoodnowSupreme Court of Minnesota · 1886
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Grimes v. FallSupreme Court of Minnesota · 1900
- Schuster v. HaightWisconsin Supreme Court · 1881
- Bandy v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1885