Minnesota Supreme Court, 1892

Finke v. Lukensmeyer

Finke v. Lukensmeyer
Minnesota Supreme Court · Decided November 11, 1892 · Collins
51 Minn. 252; 53 N.W. 546; 1892 Minn. LEXIS 57 (Minnesota Reports)

Counsel

Daniel Rohrer, for appellant., L. S. Nelson, for respondent.

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Finke v. Lukensmeyer

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Collins, J.

The 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.)

Judgment affirmed.

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

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