Rogers. v. Greenwood
Supreme Court of Minnesota
This cause comes to this court by an appeal taken by the plaintiff from an order of the District Court for Goodhue county, setting aside a stipulation of attorneys dismissing the action. The stipulation was as follows : “ By consent of the parties, plaintiff and defendant in the above entitled cause, the same is hereby dismissed without costs to either party, said plaintiff to pay the fees of the clerk of the District Court.
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This cause comes to this court by an appeal taken by the plaintiff from an order of the District Court for Goodhue county, setting aside a stipulation of attorneys dismissing the action. The stipulation was as follows : “ By consent of the parties, plaintiff and defendant in the above entitled cause, the same is hereby dismissed without costs to either party, said plaintiff to pay the fees of the clerk of the District Court. The plaintiff paid the fees of the clerk pursuant to the stipulation, and filed the stipulation in the clerk’s office, where it was duly entered. Afterwards, suit was…
1Opinion of the Court
By the Court
MoMilláN, J.
The order from which the appeal in this case is taken, is one within the exclusive jurisdiction of the court; a “judge at chambers ” has no authority to make it. An order of this nature, signed by the judge of the proper court, although the rule or application upon which it was made was heard at the judge’s chambers, will, under our statute, in the absence of special circumstances creating an exception, (which do not exist in this instance,) be considered an order of the court. Tale vs. Edgerton, 11 Minn., 271. The statute expressly provides that either party may…
2Cases cited2 opinions
- Piper v. JohnstonSupreme Court of Minnesota · 1866
- Yale v. EdgertonSupreme Court of Minnesota · 1866
3Cited by7 opinions
- Illinois Steel Co. v. WarrasWisconsin Supreme Court · 1909
- Eidam v. FinneganSupreme Court of Minnesota · 1892
- Travelers' Insurance v. WeberNorth Dakota Supreme Court · 1891
- Southern Kansas Railway Co. v. PaveySupreme Court of Kansas · 1896
- Lilly v. Haynes Cooperative Coal Mining Co.North Dakota Supreme Court · 1922
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