State ex rel. Cox v. District Court for the County of Hennepin

192 N.W. 937, 155 Minn. 497, 1923 Minn. LEXIS 808
CourtSupreme Court of Minnesota
DecidedMarch 29, 1923
DocketNo. 23,537
StatusPublished
Cited by2 cases

This text of 192 N.W. 937 (State ex rel. Cox v. District Court for the County of Hennepin) 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
State ex rel. Cox v. District Court for the County of Hennepin, 192 N.W. 937, 155 Minn. 497, 1923 Minn. LEXIS 808 (Mich. 1923).

Opinion

PER CURIAM.

The petition for a peremptory writ of mandamus requiring the respondent judges to settle and allow the case proposed by relator is denied for the reason that the relator waived his right to notice of the filing of the court’s decision, as provided toy section 7832, G. S. 1913, by entering into stipulations for the stay of all proceedings in the action. State v. Kelly, 94 Minn. 407, 103 N. W. 15. Such a stay necessarily includes proceedings for the settlement of a case or bill of exceptions and i-s no less effectual as a waiver of notice of the filing of a decision than it would be if entered into solely for the purpose of extending the time for the settlement of a proposed case. Relator is no longer entitled to have the case settled as a matter of right, and this court cannot control the exercise of the discretionary powers of the court below.

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Related

Westling v. City of St. Louis Park
157 N.W.2d 56 (Supreme Court of Minnesota, 1968)
State Ex Rel. McKenzie v. Wilson
272 N.W. 163 (Supreme Court of Minnesota, 1937)

Cite This Page — Counsel Stack

Bluebook (online)
192 N.W. 937, 155 Minn. 497, 1923 Minn. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-cox-v-district-court-for-the-county-of-hennepin-minn-1923.