Muirhead v. Johnson

Supreme Court of Minnesota

Muirhead v. Johnson

42 N.W.2d 318, 231 Minn. 567, 1950 Minn. LEXIS 727

CourtSupreme Court of Minnesota

DecidedApril 21, 1950

DocketNos. 35,136, 35,137

StatusPublished

Cited by1 cases

This text of 42 N.W.2d 318 (Muirhead v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Muirhead v. Johnson, 42 N.W.2d 318, 231 Minn. 567, 1950 Minn. LEXIS 727 (Mich. 1950).

Pincite

Opinion

Per Curiam.

Plaintiff and intervener moved to dismiss their respective appeals taken from a nonappealable order, without prejudice to their right to enter judgment in the action below and to appeal therefrom and to have such subsequent appeal considered upon the record and briefs already on file herein.

In direct violation of Supreme Court Rulé IV (222 Minn, xxx), plaintiff and intervener have given defendants less than eight days’ notice of hearing upon the above motions. Such motions therefore must be, and hereby are, dismissed.

However, in order to avoid a multiplicity of applications to this court, it appearing that no prejudice will result to defendants, this court of its own motion hereby dismisses the respective appeals of plaintiff and intervener herein for lack of jurisdiction. It is further ordered, in the event that judgment is subsequently entered below in the action and any appeal is taken therefrom, that such subsequent appeal may be heard and considered on the record and briefs already on file with this court.

Appeals dismissed.

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Per Curiam.

Plaintiff and intervener moved to dismiss their respective appeals taken from a nonappealable order, without prejudice to their right to enter judgment in the action below and to appeal therefrom and to have such subsequent appeal considered upon the record and briefs already on file herein.

In direct violation of Supreme Court Rulé IV (222 Minn, xxx), plaintiff and intervener have given defendants less than eight days’ notice of hearing upon the above motions. Such motions therefore must be, and hereby are, dismissed.

However, in order to avoid a multiplicity of applications to this court, it appearing that no prejudice will result to defendants, this court of its own motion hereby dismisses the respective appeals of plaintiff and intervener herein for lack of jurisdiction. It is further ordered, in the event that judgment is subsequently entered below in the action and any appeal is taken therefrom, that such subsequent appeal may be heard and considered on the record and briefs already on file with this court.

Appeals dismissed.

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Bluebook (online)

42 N.W.2d 318, 231 Minn. 567, 1950 Minn. LEXIS 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muirhead-v-johnson-minn-1950.

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