Citation Numbers: 34 Minn. 239
Judges: Dickinson
Filed Date: 11/7/1885
Status: Precedential
Modified Date: 9/9/2022
The only question before us is as to whether the writ of replevin issued out of the municipal court of the city of Minneapolis, and the summons served upon the defendant, were authorized, so as to confer jurisdiction upon the court. The defects alleged are that the writ did not state the value of the property, nor command the defendant to be summoned. The summons, made and served in accordance with the practice in the district court, as prescribed by Gen. St. 1878, c. 66, tit. 5, is claimed to have been unauthorized. Section 10 of the municipal court act (Sp. Laws 1874, c. 141, amended by Sp. Laws 1883, c. 48,) provides that when the object of the action is to recover the possession of personal property, the complaint shall be filed with an affidavit and bond, and that “the clerk shall thereupon issue the writ, which may be in form” as set forth in the act. This form includes a statement of the value of the property, and a command to the officer to take the property, and to summon the defendant to appear and answer. But the statute adds: “Or the writ may be in any other form that the court may, by rule, prescribe.” The writ in this case was in accordance with a form which had been prescribed by rule of the court. Section 8 of the statute referred to, as amended, declares that “the provisions of title 5, of chapter 66, of General Statutes of 1878, so far as the same may be applicable, subject to such modifications as the court may by rule establish, shall apply to said municipal court.” This, if unaffected by other provisions of the act, would authorize the summons to be made and served as in actions in the district court. Nothing stands in the-way of the application of this general provision of the law to actions of replevin, excepting the statutory form given; and we think that the power con
Judgment affirmed.