Larrabee v. Morrison
Supreme Court of Minnesota
The plaintiffs recovered judgment against the defendant before a justice of the peace. The defendant appealed to the district court for McLeod county.
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The plaintiffs recovered judgment against the defendant before a justice of the peace. The defendant appealed to the district court for McLeod county. The copy of the justice’s docket returned to the district court contained, among other things, the following: “Notice of appeal served upon plaintiffs’ counsel and admitted by him. ” Among the papers filed by the justice in the district court was a notice of appeal,- in proper form, but not signed by any one; it was indorsed: “ Due service of the within notice is hereby admitted, ” &c., which indorsement was signed by plaintiffs’ attorney. In…
1Opinion of the CourtMcMillan, J.
By the Court. This action was commenced in a justice’s court, and the defendant appealed to the district court from the justice’s judgment. The district court dismissed the appeal, on the ground that the notice of appeal from the judgment of the justice, was not signed by-the appellant, his agent or attorney. The defendant appeals to this court from the order dismissing the appeal.
Under the statute regulating appeals in courts of justices of the peace, the service of the notice prescribed in Subdiv. 3 of Sec. 104, Chap. 65, Gen. Stat., p. 435, is a proceeding essential to the jurisdiction of…
2Cases cited1 opinion
- McFarland v. ButlerSupreme Court of Minnesota · 1865
3Cited by4 opinions
- Doerr ex rel. Rowan v. Southwestern Mutual Life Ass'nSupreme Court of Iowa · 1894
- Stolt v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Cella v. SchnairsMissouri Court of Appeals · 1890
- Perkins v. Indiana Manufacturing Co.Indiana Court of Appeals · 1915