Legal Opinion

State ex rel. Felton v. Stolberg

Supreme Court of Minnesota

Decided February 8, 1915No. 19,237PublishedCited by 2 opinions

Upon the relation of Rose Felton this court issued its alternative writ of mandamus directed to Honorable P. H. Stolberg, as judge of the Nineteenth judicial district, to settle a “case,” in an action in the district court for Ramsey county between relator and the St. Paul City Railway Co.

1Per curiam

This is a mandamus proceeding to compel the respondent district court to ■“settle” a ease. The motion to settle the case was made long after the statutory time had expired and after the expiration of all stipulations and orders extending the time. Some matters in excuse were set forth by appellant, but these were addressed to the discretion of the trial court. There was no fact which was conclusive upon the parties or the court. Respondent - retained the proposed case, hut this was not a waiver of the objection that it was not served in time. State v. Powers, 69 Minn. 429, 432, 72 N. W. 705.…

2Cases cited1 opinion

  1. State ex rel. Sylte v. PowerSupreme Court of Minnesota · 1897

3Cited by2 opinions

  1. Westling v. City of St. Louis ParkSupreme Court of Minnesota · 1968
  2. State ex rel. Heberle v. JohnsonSupreme Court of Minnesota · 1917

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