Minnesota Supreme Court, 1875

Lamberton v. Raymond

Lamberton v. Raymond
Minnesota Supreme Court · Decided August 19, 1875 · Cornell
22 Minn. 129; 1875 Minn. LEXIS 38 (Minnesota Reports)

Counsel

William IT. Yale, for appellant., R. R. Briggs, for respondent.

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Last cited by a Minnesota appellate court in 1950, among the opinions in this site’s citation index.

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Lamberton v. Raymond

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Cornell, J.

Admitting that the justice had no power to' allow the amendment, (concerning which no opinion is necessary,) and that all proceedings had before him, after the filing of the original complaint, and before its amendment, *130were corctm non judice, the subsequent proceedings and conduct of the parties remove all questions of a jurisdictional character. The subject-matter of the action, both as respects its nature and the amount claimed, as disclosed by the amended complaint, was clearly within the jurisdictional limits of the justice. Both parties thereafter, without objection, litigated it before the court by the introduction of testimony on each side, and the submission of the same upon argument to the jury. This was equivalent to the institution and litigation of an action over which the justice had undoubted jurisdiction by the voluntary appearance and argument of the parties.

The order of the district court should be reversed, and the judgment of the justice affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.