Minnesota Supreme Court, 1876

Knight v. Elliott

Knight v. Elliott
Minnesota Supreme Court · Decided April 25, 1876 · Gileillan
22 Minn. 551; 1876 Minn. LEXIS 56 (Minnesota Reports)

Counsel

Fish & Van Fman, for appellant., F. H. Farnham, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1900, among the opinions in this site’s citation index.

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Knight v. Elliott

Cases that cite this one

5 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gileillan, C. J.

According to the decision of this court in McFarland v. Butler, 11 Minn. 72, the filing of an affidavit by a party appealing from the judgment of a justice of the peace is essential to give the appellate court jurisdiction. In this case the paper filed had a regular jurat, but there was no official designation to the name of the person before whom it purported to have been sworn. There may be cases where such a defect can be supplied by other proof, as in State v. Green, 3 Green, (N. J.,) 88, where the question was whether certain officers had duly qualified, and the written oath produced had no official desig*552nation of the person before whom it was taken, and the court allowed extraneous proof of the official character. The court, referring to a different holding of their court as to affidavits to be used as evidence on the trial of a cause, or as the foundation for some motion or proceeding in court, says : “Affidavits are very different from official or promissory oaths, which are not at all in the nature of evidence. An affidavit, when offered to be read in evidence, must appear upon the face of it to be what an affidavit ought to be, to entitle it to be read. It must appear to have been taken before the proper officer, and in compliance with all legal requirements.” And especially this requirement should be complied with when the affidavit is to be presented to an officer for his immediate action upon it, and when he has no other means but the paper itself to determine its character. The affidavit hied with a justice to bring an appeal should be complete on its face.

Order affirmed.

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