Groves v. John Wunder Co.

The situation here is unfortunate to the litigants as well as to this court in that because of the absence of two of the justices the prevailing opinion represents but a minority of its full membership. But the court as such must go on transacting its business. The general rule is that a "majority of the members of a court is a quorum sufficient for the transaction of business and the decision of cases." Hence a majority of the quorum necessarily must prevail. 14 Am. Jur., Courts, §§ 57, 58; 15 C.J. pp. 965, 966, [§ 362] D; and see Hunt v. Ward,193 Minn. 168, 258 N.W. 145, 259 N.W. 12.

There…