McCubrey v. Lankis
Supreme Court of Minnesota
Appeal by defendant from an order of the municipal court of St. Paul, Orr, J., denying a motion to set aside the return of a constable and a judgment rendered by a justice of the peace. Jurisdiction over the subject-matter can be acquired only in the manner pointed out by law.
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Appeal by defendant from an order of the municipal court of St. Paul, Orr, J., denying a motion to set aside the return of a constable and a judgment rendered by a justice of the peace. Jurisdiction over the subject-matter can be acquired only in the manner pointed out by law. The filing of an oral or written complaint before the justice, duly verified on the return day of the summons, is an imperative prerequisite to give jurisdiction to the justice court over the subject-matter of the action or to the municipal court on appeal. The order of the municipal court permitting respondent to serve…
1Opinion of the CourtBuce, J.
This case originated in justice court by the filing of an affidavit for a writ of attachment, wherein it was alleged that the defendant so concealed himself that the summons in the action could not be served upon him. A writ of attachment was issued accordingly, and the constable to whom it was delivered levied upon $25 forcibly taken by him from the cash-register drawer of the defendant during his absence; and on the same day his clerk and manager was induced to sign a stipulation that judgment might be entered forthwith against the defendant for $20, exclusive of costs, which judgment was…
2Cited by7 opinions
- Gulf Pipe Line Co. v. VanderbergSupreme Court of Oklahoma · 1911
- Am. Law Book Co. v. Superior Court of Santa ClaraCalifornia Supreme Court · 1912
- May v. GrawertSupreme Court of Minnesota · 1902
- Minneapolis Savings & Loan Ass'n v. KingSupreme Court of Minnesota · 1936
- Spitzhak v. RegenikSupreme Court of Minnesota · 1913
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