Libby v. Mikelborg
Supreme Court of Minnesota
Appeal by defendant Mikelborg from a judgment of the district court for Chippewa county, Brown, J., presiding, entered against the appellant and the sureties on his appeal bond.
1Opinion of the Court
Berry, J.*
This action was commenced before a justice of the peace. Judgment having gone against defendant upon default, he appealed to the district court on questions of law and fact. He there applied for leave to answer, but his application was denied, mainly, if not altogether, upon the ground that his failure to answer in the justice’s court was unexcused. Upon the matter of excuse, the affidavits pro and con are so conflicting that the district court was warranted in finding that no sufficient excuse was shown, and in denying leave to answer in the exercise of an undoubted discretion.
Leave…
2Cited by7 opinions
- Heinrich v. EnglundSupreme Court of Minnesota · 1885
- Campbell v. WormanSupreme Court of Minnesota · 1894
- Webb v. PaxtonSupreme Court of Minnesota · 1887
- Roberts v. SnowNebraska Supreme Court · 1889
- Falkner v. Protective Life Ins. Co.Supreme Court of Alabama · 1934
2 more not listed; retrieve them via the Exa API.