262 N.W. 568 | Minn. | 1935
The case was submitted to a jury in the municipal court and a verdict returned for plaintiffs in the sum of one dollar. Defendant moved for a new trial in the municipal court, assigning several errors which, however, may as well be summarized under one heading, that the verdict was not justified by the evidence and was contrary to law. The motion was denied. Judgment was entered, and defendant appealed therefrom to the district court of Rock county on questions of law alone. That court affirmed. Defendant, still full of fight, has appealed from the judgment there entered. Errors here assigned are: (1) That the court erred in affirming "the order of the municipal court in denying the appellant a new trial," and (2) that the court erred in failing to "reverse, vacate and set aside the judgment of the municipal court."
Assuming that these assignments raise an issue and going to the merits of the appeal, we are confronted at once with the fact that the stipulation of facts in municipal court compels an affirmance here. It being true that the service was rendered and that no payment *241 had been made, it would seem logical enough that plaintiffs should recover the full amount of the service fees. The fact that the jury allowed only one dollar is something of which defendant should not complain. If anyone has any just complaint to make it would seem to be the plaintiffs.
Defendant urges that the verdict is perverse and must have been arrived at by the jury in some fashion not justifiable in law. He argues at length in his brief that the verdict being perverse it was the duty of the municipal court to grant a new trial and that its refusal so to do was reversible error. The district court was of opinion that the municipal court had no authority to grant a new trial. We are informed that the municipal court of Luverne was organized pursuant to L. 1895, c. 229. Under that statute it is conceded that no authority is conferred to entertain such motion. But defendant argues that inasmuch as there is no proof in the record that the municipal court was organized under that act judicial notice cannot be taken of its organization thereunder. If that contention be accepted at its full worth we are necessarily forced to assume that the court was organized pursuant to 1 Mason Minn. St. 1927, §§ 215-228. We can find no authority granted by these sections to entertain any such motion, and defendant has failed to point to any statute granting such power to such courts. So whether the municipal court of Luverne was organized under the 1895 act or the general acts referred to becomes unimportant. We have in this state many municipal courts functioning under various statutes. See notes 1 Mason Minn. St. 1927, § 215. In some of these enactments such courts are given power to hear and determine such motions, but in all such cases, as far as we are informed, legislative authority so to do has been granted. The municipal courts organized and existing under the acts applicable to cities of the fourth class have no such authority. The reason therefor is probably that an appeal lies directly to the district court, and such appeal may be taken as to questions of law alone or as to both law and fact. If the appeal is upon the latter ground the case is tried de novo, the same as appeals from courts of justice of the peace. *242
We think, too, that in the instant case the district court could take judicial notice of the authority of the municipal court of Luverne. Defendant does not claim otherwise. That being so, we may do likewise. See Steenerson v. G. N. Ry. Co.
In passing, we think it is not improper to suggest that litigation, especially appeals, in cases of this type should be discouraged. We are laboring diligently to take care of legitimate appeals, cases involving property and human rights justifying a review. The instant case is utterly lacking in either. Counsel should realize that they are doing their clients no service in permitting appeals of this nature to be taken. Such procedure as has here been followed cannot help causing criticism and condemnation of law in general and of lawyers in particular. The expense incurred is out of proportion to the rights, real and imaginary, involved. When the fight is finally over, the bitterness and hostility of the contending parties are likely to have become intensified rather than mollified.
Judgment affirmed. *243