Legal Opinion

State ex rel. Kelly v. Childress

Supreme Court of Minnesota

Decided December 4, 1914No. 19,164PublishedCited by 1 opinion

Upon the relation of E. E. Kelly this court granted its order directing Honorable Arthur B. Childress, as judge of the district court for Rice county, to show cause why a peremptory writ of mandamus should not issue commanding him to settle a proposed case in the action entitled State ex rel. Klemer v. Kelly.

1Per curiam

In the proceeding entitled State ex rel. Klemer v. Kelly, in the court below, judgment was ordered in favor of relator. Defendant therein moved for a new trial, which motion the court denied. Defendant promptly appealed, and a certified copy of the bond and notice of appeal was transmitted to this court. The appeal was so taken on October 3, 1914. Thereafter and on October 5, 1914, defendant served a proposed case upon relator, to which no amendment was proposed. The proposed case was upon proper notice presented to the trial judge for allowance on October 22, 1914. The court refused to hear…

2Cases cited1 opinion

  1. Loveland v. CooleySupreme Court of Minnesota · 1894

3Cited by1 opinion

  1. State v. BakerSupreme Court of Minnesota · 1951

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