Jourdain v. Luchsinger

• Decision Date: 18 December 1903
• Docket Number: 13,614 - (101)
• Parties: MARY JOURDAIN v. FRED LUCHSINGER
• Court: Minnesota Supreme Court

97 N.W. 740

91 Minn. 111

MARY JOURDAIN v. FRED LUCHSINGER

Nos. 13,614 - (101)

Supreme Court of Minnesota

December 18, 1903

Appeal by plaintiff from an order of the municipal court of Stillwater, Doe, J., overruling a demurrer to a counterclaim in defendant's answer and certifying the case to the district court for Washington county for further proceedings. Affirmed.

SYLLABUS

Municipal Court -- Jurisdiction.

In an action in the municipal court of Stillwater, which has jurisdiction to determine actions at law where the amount in controversy does not exceed $500, but is required, where there is a counterclaim over plaintiff's demand which exceeds that sum, to certify the action to the district court for trial, held, that it is within the authority of the municipal judge to determine whether the facts set forth in such counterclaim, regardless of amount, constitute a cause of action, to properly exercise its authority to transfer the case.

Counterclaim.

Upon the allegations of an answer, where defensive matter is set forth by way of counterclaim, and the amount demanded presents a controversy exceeding the amount within the jurisdiction of the municipal court, held, upon the answer interposed, that matters sounding in tort arose from the claim set forth in the complaint, and were a proper subject of counterclaim, and that the municipal judge properly considered the sufficiency of such counterclaim as incidental to the exercise of its authority to transfer the cause to the district court.

Irregularity in Return.

While the certificate of the clerk of the municipal court to this court is technically defective, in not showing that copies of all papers are returned, it appears that they were, and such defect is disregarded.

C Henningsen and H. H. Gillen, for appellant.

F. V Comfort, for respondent.

OPINION

LOVELY, J. ^[2]

Appeal from the municipal court of the city of Stillwater from an order overruling plaintiff's demurrer to a counterclaim, and certification of the cause to the district court of the First judicial district.

It was here objected that the certificate of the clerk of the municipal court did not show that all the records filed in the action had been returned. The return of the clerk is technically defective in this regard, and, if the inference were authorized from what is returned that there might be other papers omitted which the court had considered, we should regard this objection as tenable; but our examination of the record in connection with the concessions and statements in the briefs of both counsel indicates that, without doubt, the return includes everything necessary to a determination of the points presented in the assignments of error. Under such circumstances, we are not inclined to be technical, but, upon the return here, which clearly includes all that the court acted upon, we are able to pass upon the questions presented, and therefore hold that the certificate of the clerk, though technically insufficient, does not require in this case the dismissal of the appeal. Acker Post v. Carver, 23 Minn. 567; Coleman v. Reierson, 36 Minn. 222, 30 N.W. 811; Vassau v. Campbell, 79 Minn. 167, 81 N.W. 829.

This action was brought to recover for the use of seven horses which plaintiff, as alleged in the complaint, had let to defendant for a designated period upon the understanding that they were to be properly stabled and cared for, and to be used only in light work; that, as further set forth defendant did not comply with the terms of the agreement properly to care for the horses, whereby plaintiff sustained damages in a designated sum; that he also failed to return one of the horses as required by the agreement, but had converted it to his own use -- with a demand for damages of $480. Defendant, in addition to certain denials in the answer, further avers that the horses which plaintiff furnished were afflicted with...