Thompson v. Berg
Thompson v. Berg
Opinion of the Court
The plaintiffs brought an action in the municipal court of Crookston in forcible entry and detainer. It resulted in judgment in their favor. The defendants attempted to perfect an appeal to the district court on questions of both law and fact. The plaintiffs moved to dismiss upon the ground of insufficient proof of service of notice of appeal. The motion was granted on January 28, 1922, and judgment ordered affirming the judgment iof the municipal court, and on May 6, 1922, judgment was entered.
Tbe assignments of error are made and tbe argument proceeds as if there were an appeal from tbe judgment. An appeal from tbe judgment would raise tbe question of error in dismissing tbe appeal for want of jurisdiction. What tbe defendant tries to do is to set aside tbe judgment on motion. His claim is that tbe municipal court was without jurisdiction and therefore tbe district court on appeal is without jurisdiction. Back of it all is tbe claim that tbe lands involved are a part of tbe public domain. He refers to tbe Act of Congress of May 8, 1922, which is subsequent to tbe judgment, and is an act for tbe relief of certain persons to whom patents to certain lands were issued under an erroneous survey made in 1876. Under this act be makes some claim. Tbe record is much confused. In tbe paper book is an affidavit made subsequent to tbe bearing on tbe motion to vacate. It does not appear that it was called to tbe court’s attention. There are now presented certified copies of proceedings in tbe United States land office at Crookston, including tbe copy of a letter from tbe commissioner of tbe general land office. Just what tbe plaintiff claims we need not inquire. He cannot have relief against tbe judgment in tbe manner be seeks. If tbe judgment was erroneous an appeal would correct it. If bis ap
Order affirmed.
Reference
- Full Case Name
- ALICE THOMPSON, AS ETC. v. JOHN BERG AND ANOTHER
- Status
- Published