Legal Opinion

Sworski v. Colman

Supreme Court of Minnesota

Decided November 18, 1938No. 31,950PublishedCited by 5 opinions

1Opinion of the Court

Stone, Justice.

In this action for wrongful death plaintiff appeals from an order sustaining a demurrer to his complaint. The case is before us now on the motion of defendants to dismiss that appeal upon the ground that plaintiff has neither furnished an appeal bond nor deposited cash in lieu thereof as required by 2 Mason Minn. St. 1927, § 9499.

To justify his failure to furnish an appeal bond or to deposit cash in lieu thereof, plaintiff invokes 2 Mason Minn. St. 1927, § 9692. That section permits in all cases the filing of an undertaking in lieu of a bond, and concludes thus:

“But no…

2Cases cited4 opinions

  1. Aho v. Republic Iron & Steel Co.Supreme Court of Minnesota · 1908
  2. Mayer v. MayerSupreme Court of Minnesota · 1909
  3. In Re Estate of PetersonSupreme Court of Minnesota · 1936
  4. State ex rel. Scannell v. District CourtSupreme Court of Minnesota · 1911

3Cited by5 opinions

  1. Freeman v. City of MinneapolisSupreme Court of Minnesota · 1945
  2. Geddes v. BromanSupreme Court of Minnesota · 1941
  3. In Re Estate of GelinSupreme Court of Minnesota · 1949
  4. Mixed Local of Hotel & Restaurant Employees Union, Local No. 458 v. Hotel & Restaurant Employees International AllianceSupreme Court of Minnesota · 1941
  5. M. L. H. and R. E. U. L. No. 458 v. H. R. E. I. A.Supreme Court of Minnesota · 1941

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

Powered by the Exa API