¶1This is an appeal from a judgment entered in the district court in a cause brought to that court by appeal from the judgment of a justice of the peace. The appellant contends that the judgment of the district court should be vacated, because it was entered by the clerk without any other authority than a written stipulation of the parties, no order of the court therefor having been made; and also because the record does not show that, even under the terms of the stipulation, the judgment was authorized. The authority of the judge of the district court having never been exercised-, either in respect to the entry of the judgment nor subsequently upon motion to set it aside or to rectify it, the question here presented will not be considered upon an appeal from the judgment. Eaton v. Caldwell, 3 Minn. 80, (134;) Piper v. Johnston, 12 Minn. 27, (60, 65;) County of Hennepin v. Jones, 18 Minn. 182, (199;) Coles v. Berryhill, 37 Minn. 56, (33 N. W. Rep. 213.) No error being shown which we can consider, the judgment is affirmed.
40 Minn. 409
Oldenberg v. Devine
Decided May 1, 1889
Supreme Court of Minnesota · decided 1889-05-01
Appeal by defendant Devine from a judgment of the district court for Scott county, entered against defendant and the sureties on his appeal from a judgment of a justice of the peace, before whom the action was first -brought.
Relies on O'Brien v. City of Saint Paul · Sanborn v. School District No. 10 · Coles v. Berryhill
Good law ✅— No negative treatment on recordhow we know
Decided 1889-05-01
How this case has been cited
Cited by 4 later decisions — most recently February 1924
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →