After waiting for one hour for the Bank or its representative to appear the'Court recieved the testimony of Defendant. The Defendant appeared by and on behalf of himself. No continuance was requested by Plaintiff or its Attorney. Service of the Motion and Order was served, upon Ralph Hendrickson, its Cashier, on January 20,1969. National Bank of Montgomery made no appearance although Pursuant thereto, the above-entitle action came on for hearing before this Court on Januat 7:00 P.
Therefore, this Court ordered a hearing before this Court on Janufor the purpose of making findings in fact and conclusions of law. No hearing was requested and this Court was order to show cause before the District Court as to why the Appeal should not be allowed. of the United States and also, based upon the evidence deduced at the hearing on December 7, 1968, the Notes were without any lawful consideration and therefore were void however, this Court indicated it would give the Plaintiff, First National Bank of Montgomery, a full and complete hearing with reference to this issue. This Court determined that said Notes on their face were contrary to Article 1, Section 10 of the Constitution. A specimen, for illustrative purposes, is as follows: L12782836 and the other on deposit was issued by the Federal Reserve Bank of Minneapolis bearing serial number I80410697A. One was issued by the Federal Reserve Bank of San Francisco, bearing Serial No. Two One ($1.00) Dollar Federal Reserve Notes were deposited with the Clerk of the District Court. This is one of the conditions for the allowance of an appeal. Minnesota Statutes Annotated 532.38 required that the Appellant, First National Bank of Montgomery, deposit with the Clerk of the District Court within ten (10) days, two ($2.00) Dollars (lawful money of the United States) for payment to the Justice of the Peace before whom the cause was tried.
Hentges, for the County of Scott and State of Minnesota, which is attached hereto as pages 18, 19, & 20. On Januthis Court filed a Notice of Refusal to Allow Appeal' with the Clerk of the District Court, Hugo L. A true and correct copy of the Judgment and Decree entered by this Court on Decemis attached hereto as pages 14 thru 17. M., pursuant to Motion and Notice of Motion and Order to Show Cause, a true and correct copy of which is attached hereto as page 13 “A.” An action for the recovery of the possession of Real Property was brought before this Court for trial on December 7, 1968, at 10:00 A.
The above-entitled action came on before the Court on Januat 7:00 P. MAHONEY, JUSTICEįirst National Bank of Montgomery, Plaintiff,įINDINGS OF FACT CONCLUSIONS OF LAW AND JUDGMENT IN JUSTICE COURT TOWNSHIP OF CREDIT RIVER MARTIN V.
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