Karns v. Kunkle
Supreme Court of Minnesota
This was a writ of Error to the District Court of Hennepin County. Kunlde, the Plaintiff below, in his complaint alleges, “that on the 16th day of September, 1853, the Plaintiff did recover a final judgment in the Court of Common Pleas in the County of Dauphin, and State of Pennsylvania, against the Defendant, for the sum of One Hundred and Ninety-Six Dollars and two cents; and that said judgment is now in full force, and not waived, appealed from, or satisfied either in…
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This was a writ of Error to the District Court of Hennepin County. Kunlde, the Plaintiff below, in his complaint alleges, “that on the 16th day of September, 1853, the Plaintiff did recover a final judgment in the Court of Common Pleas in the County of Dauphin, and State of Pennsylvania, against the Defendant, for the sum of One Hundred and Ninety-Six Dollars and two cents; and that said judgment is now in full force, and not waived, appealed from, or satisfied either in whole or in part, and that said judgment was properly and duly made, given and tendered; and that said Defendant remains,…
1Opinion of the Court
By the Court
I. Atwater, J".
This is a writ of Error, brought upon a judgment by default, obtained by the Defendant in Error in the Third Judicial District. The Defendant in Error objects here that a writ of Error will not lie upon a judgment by default; and this question must necessarily first be considered in determining the case. The statute in relation to writs of Error is brief and very unsatisfactory in relation to the office of such writs, and to what extent errors in the Court below may be considered under them. Section 22 of page 416 Eevised Statutes merely provides that “ writs of…
2Cases cited6 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Frary v. DakinNew York Supreme Court · 1810
- Moody & Perkins v. StephensonSupreme Court of Minnesota · 1857
- Colden v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1823
- Packard v. HillNew York Supreme Court · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. DennettSupreme Court of Minnesota · 1870
- Kennedy v. WilliamsSupreme Court of Minnesota · 1866
- Cooper v. BreckenridgeSupreme Court of Minnesota · 1866
- Sullivan v. LaCrosse & Minnesota Steam Packet Co.Supreme Court of Minnesota · 1865