Knell v. Burnes

This appeal cannot be treated as impervious to attack for jurisdictional infirmity so long as our pronouncement in Minnesota Mining and Manufacturing Company v. Smith1 stands as viable precedent. Because Minnesota impermissibly restricts the trial court’s statutory term-time vacation power and should hence be overruled, I concur in the court’s refusal to dismiss this appeal. Were I today writing for the court, I would expressly withdraw Minnesota from the body of efficacious case law.

I

THE FACTS

Judgment was rendered May 27, 1980. Some sixteen (16) days later, on June 12, appellant moved the…