Johnson v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Bamsey county, O. B. Lewis, J., refusing to set aside the judgment entered for plaintiff after a verdict in his favor for $4,000, afterwards remitted, in obedience to the suggestion of the supreme court in a former appeal, 67 Minn. 260, to $2500.
1Per curiam
Notwithstanding decisions to the contrary, we are of the opinion that an appellate court has the inherent power to dismiss an appeal which is manifestly and palpably frivolous and without merit. This power is necessary in order to prevent the court itself from being imposed upon, and the administration of justice be-' ing trifled with and perverted for mere purposes of delay. This court has heretofore exercised this power, although very cautiously and sparingly. We will not permit such motions to be used as a short cut toa hearing on the merits. They will only be granted where it is perfectly…
2Cases cited1 opinion
- Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
3Cited by17 opinions
- Gassler v. StateSupreme Court of Minnesota · 2010
- Flood v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1908
- Wellsville Oil Co. v. MillerSupreme Court of Oklahoma · 1915
- Skirvin v. GoldsteinSupreme Court of Oklahoma · 1914
- Kirkland v. TrezevantSupreme Court of Oklahoma · 1913
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