Vogle v. Grace
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OR DAKOTA COUNTY. Points and Authorities of Plaintiff in Error. First. — The Defendant below was entitled to a determination of said action, and a final decision therein at the term of the District Court in which said action was tried; yet said action was not determined or a decision thereon filed until the twenty-second day of December, 1860, more than twenty days after said Court at said Term adjourned sime die.
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ERROR TO THE DISTRICT COURT OR DAKOTA COUNTY. Points and Authorities of Plaintiff in Error. First. — The Defendant below was entitled to a determination of said action, and a final decision therein at the term of the District Court in which said action was tried; yet said action was not determined or a decision thereon filed until the twenty-second day of December, 1860, more than twenty days after said Court at said Term adjourned sime die. Statute See. 41, jp. 562. Second. — Said action at the time of the decision, and at and before the time of the filing [of the findings of the alleged…
1Opinion of the Court
By the Oowrt.
Emmett, C. J.
The only error claimed to exist in this record, is that the Judge, to whom the case was submitted, without the intervention of a jury, neglected to file with the Clerk, his decision until twenty days had expired after the term at which it was tried.
The case was tried in term time, on the twenty-second day of September, 1860, but the decision was 'not filed until the twenty-seventh day of December following. It is admitted that the term had been adjourned without day more than twenty days prior to the filing of this decision, although some objection is made as ,to the…
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