Legal Opinion

Carli v. Rhener

Supreme Court of Minnesota

Decided October 15, 1880PublishedCited by 16 opinions

Appeal by defendant from an order of the municipal court of Stillwater, vacating and setting aside the decision and order for judgment and the judgment in his favor thereon, mentioned in the opinion.

1Opinion of the CourtBerry, J.

Norgord was and acted as the judge of the municipal court of Stillwater for the two years prior to April 7, 1880. On that day Smith, who had been duly elected as his successor; took the requisite oath of office at five minutes after 11 a. m., and we may as well assume (what we understand to be the fact, though it does not appear as it ought to,) that he immediately filed such oath in the office of the city clerk, as by law required, so that he was duly qualified. Norgord, between the hours of 11 and 12 of the same day, and after Smith had qualified, signed findings of law and fact in the case…

2Cases cited6 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. Wilcox v. SmithNew York Supreme Court · 1830
  3. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
  4. In re of BoyleWisconsin Supreme Court · 1859
  5. Brown v. LuntSupreme Judicial Court of Maine · 1854

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3Cited by16 opinions

  1. Hamlin v. KassaferOregon Supreme Court · 1887
  2. Walcott v. WellsNevada Supreme Court · 1890
  3. Magneau v. City of FremontNebraska Supreme Court · 1890
  4. Johnson v. Manhattan Ry. Co.Court of Appeals for the Second Circuit · 1932
  5. Merced Bank v. RosenthalCalifornia Supreme Court · 1893

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