Legal Opinion

State ex rel. Minehan v. Thompson

North Dakota Supreme Court

Decided November 23, 1912Published

Appeal by defendant from a judgment of the District Court for McLean County, Crawford, J., in a proceeding to determine the result of an election on the division of McLean county.

1Opinion

On Petition for Rehearing.

Goss, J.

It is urged on rehearing that, because written exceptions were not taken and filed to the findings of fact and conclusions of law, the same are conclusive, and the court cannot examine a stipulated record, embodied in a settled statement of the case, in which specifications of error of fact and of law challenge both the conclusions and the findings. Such may have been the common law, but we construe the statutes as abrogating any necessity for taking and filing exceptions in findings in appeals such as this. Section 7053, Rev. Codes 1905, defines an exception…

2Cases cited23 opinions

  1. State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
  2. Porter v. . SmithNew York Court of Appeals · 1887
  3. State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
  4. Raabe v. . SquierNew York Court of Appeals · 1895
  5. Anderson v. LikensCourt of Appeals of Kentucky · 1898

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API