33 Minn. 36 | Minn. | 1884
The municipal court of the city of Minneapolis was originally created by Sp. Laws 1874, c. 141, (Gen. St. 1878, c. 64, §§
But the plaintiff contends that the above-mentioned provisions of the original act were so changed in effect by chapter 48, Sp. Laws 1883, that the territorial jurisdiction of the court was enlarged so as to permit it to issue process running outside of the county of Henne-pin. The change referred to was as follows: By section 8 of the original act, both as first passed and as amended by the act of 1878, it was provided that “all civil actions for the recovery of money only shall be commenced by summons to be issued by the clerk. * * * The manner of service shall be the same as that required by law for the service of summons in courts of justices of the peace.” By the act of 1883, (Sp. Laws 1883, c. 48, § 6,) this section was so amended as
Certainly there is nothing in this amendment which expressly enlarges the territorial jurisdiction of the municipal court, and we are equally clear that there is nothing in it which enlarges it by implication, or evinces any intention to do so. The evident purpose of the amendment is to change the mode of commencing civil actions, so as to allow them to be commenced without process proper,—Hanna v. Russell, 12 Minn. 43, (80;) Lowry v. Harris, Id. 166, (255,)—tested and sealed and signed by the clerk, and directed to an officer, but by a summons (as in the district court) directed to the defendant, and signed by the plaintiff or his attorney; and further, also, to allow such summons to be served by a private person. The object of the legislature was, in these respects and in some others not material here, to conform and assimilate the practice in the municipal court to that of the district courts. But notwithstanding process proper was no longer required to commence a civil action for the recovery of money only, the implication (from the requirements as to direction of process) that the jurisdiction was limited to Hennepin county was undisturbed. The amendment, which related to other matters, left that implication as it found it. Process proper was still required as respected attachments and executions, and in some other cases, and no attempt was made to dispense with it; and it is not at all likely that any enlargement of territorial jurisdiction as to the commencement of actions would be made without a corresponding enlargement as to executions, at least, if not as to such other process proper as was retained.
The case of Gould v. Johnston, 24 Minn. 188, is not in point. The statute there considered provided that the municipal court of St. Paul
Order affirmed.