State ex rel. Heberle v. Johnson
Supreme Court of Minnesota
Upon the relation of Louis J. Heberle this court granted its order directed to Honorable Albert Johnson, judge of the district court for Dakota county to show cause why a peremptory writ of mandamus should not issue commanding him to settle a proposed case in an action between Augustus S. Francis, as plaintiff, and relator, and others, as defendants. The respondent made return. The facts are stated in the opinion.
1Per curiam
Order to show cause why a peremptory writ of mandamus should not issue, directing the respondent, the trial court, to settle and allow a proposed case in an action wherein the findings and order for judgment were filed August 2, 1916, in favor of plaintiff, and a copy thereof served on the defendant therein, the relator here, the next day. A judgment upon due notice *466was entered, pursuant to the order on August 22, 1916. No stay was requested or obtained for the purpose of settling a “ease,” but on November 8 (or 13), 1916, relator appealed from the judgment. On January 17, 1917, a proposed…
2Cases cited2 opinions
- Van Brunt & Wilkins Manufacturing Co. v. KinneySupreme Court of Minnesota · 1892
- State ex rel. Felton v. StolbergSupreme Court of Minnesota · 1915
3Cited by1 opinion
- Vessel v. GreenleeSupreme Court of Minnesota · 1959