IN JUSTICE'S COURT

The following excerpts were taken verbatim (including original spelling) from the "Civil and Criminal Docket, 1883-1960", Burnsville Township.

This part of Docket is Devoted to Estray notices and other official acts of Justice of the Peace

State of Minnesota
County of Dakota
Town of Burnsville

Estray notice of James FitzGibbon Found upon the lands occupied by me in the town of Burnsville County of Dakota and State of Minnesota where I reside one steer aged 1 1/2 years of a dark red color with two white spots on his Breast and his left Ear Split. He was found about November 1, 1882 and is of the value of ten dollars.
Dated November 1st 1882
James FitzGibbon

Residing on section 19 in said town December 8th, 1882 said steer was valued By E.D. Kennedy Justice of the Peace at the value of ten dollars and report of the same sent to the proper authorities at Hastings. The steer was afterwards claimed by D.J. Byrnis of the town of Burnsville and all Charges paid

July 16th 1883, application made by James FitzGibbon section 19 town of Burnsville to E.F. Kennedy Justice of the peace to appoint three disinterested inhabitants of said town to appraise the damages done by 25 head of cattle on his lands on the 15th day of July 1883

July 16th 1883--Peter Fahey Hugh O'Brien and Michael Walsh appointed appraisers and duly sworn as appraisers in said case

July 17th 1883 said appraisers submitted the following report of their proceedings as such appraisers

We the appraisers duly appointed by E.F. Kennedy a Justice of the peace of the said town to appraise the damage done by 25 head of cattle owned by Michael Nicholson James Newman Peter Lynch and Mrs. Angela Lynch upon the 15th day of July 1883 on the lands of Thomas FitzGibbon on the south East quarter of section 19 in said town do hereby certify that immediately after our said appointment upon first being duly sworn we repaired to the place aforesaid and after viewing the said damages done on the lands of Thomas FitzGibbon and taking the evidence of James FitzGibbon we hereby certify that the amount of said damage is the sum of $5.00 our fees & mileage $4.62
Justice fees 2.00
T. FitzGibbon time 4.00


TIMOTHY SLATER--Garnishee
John Peterson, Defendant

September 23, 1885 Garnishee summons issued returnable October 2nd 1885. At request and risk of plaintiff Charles McDonald appointed special Constable to Execute and return this writ October 1st 1885 summons returned by special Constable Charles McDonald as follows

County of Dakota ) ss

Charles McDonald being sworn says that he personally served the within summons on the within named defendant and garnishee by reading and delivering copies of the same to both defendant and Garnishee in said county

October 1st 1885 Michael Allen paid all costs and John Peterson paid all that was demanded by plaintiff Case settled and withdrawn by mutual consent of parties


Plaintiff appeared Garnishee was unable to appear on account of sickness
Defendant did not appear
Plaintiff and Justice traveled to residence of Garnishee under oath in regard to his indebtedness to defendant.
At residence of Garnishee Charles McDonald examined under oath and minutes of examination taken by me and filed with the other papers of the cause Judgement having been rendered against defendant for 13.11 and the costs of garnishments.

Amounting to 540=18.51 and examination of Garnishee disclosing an indebtedness of Charles McDonald of 9.84 to Geo Daniels defendant Judgement is rendered against Charles McDonald for $19.84 summed as follows:
Judgement and costs 18.51
received of garnishee 9.84
unsatisfied judgement 8.67

I hereby certify that the above judgement is correct in all particulars Given under my hand this 24th day of October 1885. E.F. Kennedy

Thomas Fitzbiggons, Defendant May 5. 1890 Complaint Entered and summons issued returnable May 12, 1890 at one o'clock P.M. May 5, 1890 W.A. Berrisford appointed special constable to Execute and return writ
May 5, 1890 plaintiff made affidavit that defendant was liable to dispose of his property with a view to defraud his creditors and gave bond for attachment then issued May 12, 19890 summons returned and sworn to before me as follows:
State of Minnesota County of Dakota
I.W.A. Berrisford do solemnly swear that at Burnsville in said county and state I served the within summons on the within named defendant by reading the same to him in said county and also leaving a copy with him at this requeat subscribed and sworn to me before me this 12th day of May 1890
E.F. Kennedy

May 12, 1890 2 o clock P.M.
Case called Plaintiff appeared
and Filed complaint
verified the same
Defendant did not appear
After waiting a reasonable length of time for his appearance Judgement entered by default in favor of plaintiff and against defendant for the sum of

according to Law
James McCoy
Subscribed and sworn to me this 2nd day of February 1892
E.F. Kennedy
Justice of the Peace
February 2nd 1892
It appearing from the said complaint and from the Statements of Henry McCoy that such offence had been committed I issued a warrant for the apprehension of the said Hans Seeger returnable forthwith and delivered it to Constable Oscar Sequist to serve February 3 1892 o clock A.M. warrant returned by Constable Oscar Sequist with the said Hans Seeger in Custody before me The defendant having heard the warrant read pleaded not quality and made the further statement that he had never refused to Kill the said Savage dogs that he was sorry that they had bitten any person and particularly Henry McCoy for whom he Entertained Great regard.

Examination on Charge of Maintaining and refusing to dispose of two Savage and dangerous dots Before E.F. Kennedy
Justice of the Peace



February 2 1892 James McCoy made the subscribed complaint in writing before me upon oath Charging Hans Seeger with owning Harboring and keeping in its possession two certain Savage and dangerous dogs which said dog did on the 30th day of January 1892 attack in a Savage manner Henry McCoy on the arm and leg of the left side tearing his Clothes and causing the wounds which bled freely That the said Hans Seeger does refuse to Kill or dispose of said Savage dots and still retains them in his possession and that the complainant did fear that the said dots would do further injury
The said James McCoy therefore prays surety of the peace to be granted him against the said Hans Seeger and this hi does not from any private malice or ill will toward the said Hans Seeger but because he has reason to fear that the said Hans Seegers dogs will do them further injury contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Minnesota and prays that the said Hans Seeger may be arrested and dealt with
Killed and complainant answered that he was willing to withdraw the complaint but wished to be certain that the dogs were killed and would go to the home of the defendant and witness the Killing of the said dogs
Court then ordered that the case be dismissed without the payment of any costs by Either party as to the fees of the Justice at the same time requesting the Constable to Settle with defendant as to his costs
The Constable being so willing The case was ordered to be finally dismissed at 11:45 A.M.
E.F. Kennedy
Justice of the Peace

Defendant Convicted Committed to Jail
Burnsville Minn. Dec 31st 1914
Mrs William Ristow came before me and made written complaint under oath against the defendant William Ristow. Charging the Defendant with leaving on the 30th day of December 1914 at the Town of Burnsville in said County made an assault upon her and prays that he be arrested. Complaint filed Warrant issue for the Apprehension of said William Ristow and delivered to Herman Hollman for service December 31st 1914
Warrant returned by Constable H Hollman with his certificate thereon that by virtue of the within Warrant I have arrested the within named Defendant and I have him now before the court in custody. Constable Fees $2.95 Warrant filed
Complaint read to Defendant to which we enter plea of "not guilty." and demands trial forthwith, Case called. Complainant present in court. Witnesses present in court Mrs Wm Ristow sworn and testified in behalf of State Ed Martin sworn and testified in behalf of State. State rests. Defendant sworn and testified in his own behalf Defendant rests. Case submitted. After considering the evidence abduced herein it is adjudged and determined that the Defendant is Guilty as charged in the complaint and and pay a fine of Fifty ($50.00) dollars and the cost of this action taxed at...in default of the payment of said fine and costs.


Chas Deshaw appeared before me and demanded a summons for Edward Martin April 19, 1964. Issued the summons and delivered it to Constable Giles who served it and returned the summons with costs of one dollar. Court was called for April 25, 1934 at One O'clock in the afternoon. Court was held at that time both the plaintiff and defendant appeared. Plaintiff being duly sworn declared that a dog belonging to Edward martin defendant did on 12 day of April 1934 kill a turkey gobler belonging to said plaintiff and asked damages in the sum of $15. Mrs Chas Deshaw being duly sworn declared that she saw said dog kill said turkey and knew that said dog belonged to said Defendant Mr Martin admitted it was his dog but said there was another with in which was denied by plaintiff. Decision of Judge.
Verdict found in favor of plaintiff in the sum of $4.00 and costs amounting to $2.00 which was paid. April 20, 1934




Action in unlawful Detainer
Burnsville June 25, 1934 Peter N. Scott attorney for plaintiff appeared before me and filed a duly certified complaint and prayed for immediate restitution of premises described in complaint and for costs and disbursements of this action summons issued and returnable at any office in Burnsville June 29, 1934 at 2 P.M. and delivered to Constable Henry Giles for service.
June 28, 1934 Summons returned by Constable Henry Giles with his certificate thereon that he on the 26th day of June served the within summons and complaint upon the within named defendant by delivering and leaving with him personally two copies thereof Constable fees of $1.25 Summons filed. June 29, 1934 a trial was held here
Mr Jorden was sworn and claimed the rent was not paid in full and that he had not rented the place for 1934
Defendant denied and claimed had a verbal lease. Decision of Judge as no money was paid for 1934 and plaintiff claimed it was not rented and defendant had been ordered to vacate
verdict was found in favor of plaintiff was ordered to vacate premises and pay costs.





A complaint was signed before me by Frank Visnovec on September 36, 1934 charging (name withheld) with taking stealing and carrying away one pair of hold rimmed octagon spectacles from the premises of said Frank Visnovec which are rented by plaintiffs father George Visnovec.

A hearing was held in my office in Burnsville, the defendant pleaded guilty and was fined $10.00 and costs of $1.00 or 10 days in the county jail. The Defendant was unable to pay the fine and was committed to the county jail.


A complaint was signed before me on July 17, 1935 by Geo. Allen, Dep Sheriff Scott Co. Charging (name withheld) with driving an automobile while under the influence of liquir in the village of Savage. Defendant pleaded guilty and promised to quit drinking was given 90 day Jail sentence. Sentance was suspended on condition that defendant refrained from drinking for 90 days. Drivers licence was suspended for 30 days
July 17, 1935
Newton Raymond
Justice of the Peace

October 6, 1936 Mamie Oleson appeared before me with complaint against Visnovec Bros. claiming damages to her automobile caused by a collision with an automobile owned by Visnovec Bros. A summons was issued and delivered to Art Doebel Constable summoning Visnovec Bros. To appear before me on October 13, 1936 to answer to complaint.
(October 7, 1936)
Constable Art Doebel made return of within mentioned summons certifing that he served said summons on within mentioned Decedents personally cost of service $1.25.
October 12,1936 Mr. Kennedy and Mr. Lilly attorneys for the decedents appeared before and asked for a stay of trial until Oct. 19, 1936 10 A.M. Stay was granted.
October 19, 1936. Court was held in my house Mamie Oleson Plaintiff and Frank Visnoved Defendant and Mr. Kennedy attorney appears. Mrs. Oleson charged that she did not see Visnovec's car because of the lights of another car which was standing near defendant's car facing her.. Mac Whitly witness for plaintiff stated he was driver of car which was standing by road he said his car was about 60 ft. south of defendant's car he had stopped to give assistance to Mr. Visnovec. Robert Allen, garage man stated that decedents car was disabled, the electrical system being out of order so it could not be...


Alfred M
Minneapolis, Minn
A complaint was signed before me by John A. Salvator of St Paul charging "M" with fishing with more that one line in the Minnesota River in Mendota twp. on Aug. 19, 1937.

"M" was arrested by John E Salvator and brought before me on Aug 24, 1937. "M" pleaded guilty was fined $10.00 and costs of $2.50 and fine and costs was suspended.
Newton Raymond
Justice of the Peace


M S
4-26-58
In Justice's court before John V. Matthews
Charged with illegal possession of Beer and Whiskey 1 pt of Sunny Brook 17 years old pleaded guilty Fined $50.00 4.00 costs 25.00 suspended, no job Dad had to pay fine







To secure respect for the
law, we must first make
the law respectable.

Louis D Banders .