Legal Opinion

Fall v. Moore

Supreme Court of Minnesota

Decided March 17, 1891PublishedCited by 3 opinions

Certiorari, to review the order of the district court for Hennepin county, Smith, J., presiding, to review the order respecting'costs which is considered in the opinion.

1Opinion of the Court

Vanderburgh, J.1

The defendant' obtained a writ of certiorari from this court to review an order of one of the district judges of Hennepin county, refusing to allow costs to be taxed and inserted in the judgment. We are met in limine by the question whether defendant had not an adequate remedy by appeal. We are of the opinion that he had, and that the order in question should be embraced in the record on'appeal from the judgment, and would properly be considered on such appeal. The case was tried by the court, and judgment ordered dismissing the action, with costs and disbursements to be…

2Cases cited3 opinions

  1. Cord v. SouthwellWisconsin Supreme Court · 1862
  2. Richardson v. RogersSupreme Court of Minnesota · 1887
  3. Dorr v. MickleySupreme Court of Minnesota · 1870

3Cited by3 opinions

  1. Spinett, Inc. v. Peoples Natural Gas Co.Court of Appeals of Minnesota · 1986
  2. Prendergast v. SearleSupreme Court of Minnesota · 1898
  3. State ex rel. Wischstadt v. OlsonSupreme Court of Minnesota · 1894

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