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3 Minn. 317

Wardlow v. Besser

Supreme Court of Minnesota

Decided December 15, 1859

Supreme Court of Minnesota · decided 1859-12-15

This was an appeal from an order of the District Court of Blue Earth County. The action was before a Justice of the Peace in that County. His judgment was reversed upon Certiorari to the District Court, and the Plaintiff below appeals from the order of reversal. The ground of error appears from the opinion of the Court.

Decided 1859-12-15

¶1By the Oow't

— Emmett, C. J.

¶2The Justice of the Peace, before whom this action was commenced, after having adjourned the case to a day certain, and entered the same on his docket, took the responsibility of changing the day fixed for the trial, and on the day to which the same was so changed proceeded to hear and determine the case, in the absence of one of the parties. This was clearly without authority of law, and the District Court very properly reversed the judgment so rendered, for this cause.

¶3The judgment of the District Court reversing the judgment of the Justice of the Peace is affirmed.

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