Finke v. Lukensmeyer

Decided November 11, 1892

Supreme Court of Minnesota · decided 1892-11-11

Appeal by defendant, W. H. Lukensmeyer, from a judgment of the District Court of Nobles County, P. E. Brown, J., entered May 16, 1892. August Finke brought this action against the defendant before O. W. Freeman, a Justice of the Peace in Nobles County. The summons was served and the defendant appeared in person on the return day. The plaintiff filed a written complaint on that day, December 1, 1891, and the case was by consent adjourned to December 8, 1891.

Cited by 3 later decisions — most recently February 1917

3 state decisions

Relies on Bingham v. Stewart · Craighead v. Martin · Seurer v. Horst

Good law ✅— No negative treatment on recordhow we know

Decided 1892-11-11

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Collins, J.

¶1The judgment appealed from will have to be affirmed. On questions of both law and fact, defendant appealed to the district court from a judgment rendered by a justice of the peace. It was not material in the appellate court to consider whether the judgment appealed from was valid or unauthorized, for the justice had jurisdiction of the parties and of the subject-matter. The appeal on both law and fact brought the case to the district court for trial de novo upon its merits. This has been held repeatedly here. See Bingham v. Stewart, 14 Minn. 214, (Gil. 153;) Craighead v. Martin, 25 Minn. 41; Seurer v. Horst, 31 Minn. 479, (18 N. W. Rep. 283;) Welter v. Nokken, 38 Minn. 376, (37 N. W. Rep. 947;) McOmber v. Balow, 40 Minn. 388, (42 N. W. Rep. 83.)

¶2Judgment affirmed.

¶3(Opinion published 53 N. W. Rep. 546.)