Legal Opinion · Dissent

Minneapolis Federation of Teachers, Local 59 v. Obermeyer

Supreme Court of Minnesota

Decided August 22, 1966No. 40477, 40478Published

1DissentThomas Gallagher, Justice

Minn. St. 605.115, subd. 6, provides that in cases not specified in its subds. 2 through 5 (which are conceded not to be applicable here) the giving of the bond specified in § 605.10, subd. 6, shall stay proceedings in the court below. The bond provided for in § 605.10 is a $250 cost bond conditioned that appellant pay any costs and charges awarded against him on the appeal.

It is well settled that such a bond (which was filed here) does not vacate or annul the judgment from which the appeal is taken. The latter remains in full force and is res judicata unless modified by this court on the…

2Cases cited12 opinions

  1. National Labor Relations Board v. Falk Corp.Supreme Court of the United States · 1940
  2. United States v. Los Angeles & Salt Lake RailroadSupreme Court of the United States · 1927
  3. Redlands Foothill Groves v. JacobsDistrict Court, S.D. California · 1940
  4. Thomas v. RambergSupreme Court of Minnesota · 1953
  5. J. F. Quest Foundry Co. v. International Molders & Foundry Workers UnionSupreme Court of Minnesota · 1944

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