5 Minn. 444 | Minn. | 1861
By the Cowrt.
The certiorari was allowed in this case on the 2d day of March, 1860, and not served on the Justice until the 17th day of the same month. ' The Justice made his return to the writ, and among other things certified the time when the writ was served upon him, as required by section 130, chapter 59, Compiled Statutes, on page 516. When the case came on for argument in the District
If the objection was properly urged in the Court below it should have been granted, and a refusal to grant it there does not prevent the party from again raising it here. When he was overruled in his motion to dismiss, he had a right to discuss the merits and succeed there if he could, aud by so doing he did not waive his preliminary objection. If the Court had decided the case on its merits, and reversed the
Tbe Court was right in dismissing tbe writ, and tbe order should be affirmed.