State ex rel. Schmitt v. Macdonald

Supreme Court of Minnesota

State ex rel. Schmitt v. Macdonald

13 N.W. 671, 29 Minn. 440, 1882 Minn. LEXIS 145

DecidedOctober 18, 1882

StatusPublished

This text of 13 N.W. 671 (State ex rel. Schmitt v. Macdonald) 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. Schmitt v. Macdonald, 13 N.W. 671, 29 Minn. 440, 1882 Minn. LEXIS 145 (Mich. 1882).

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Opinion

By the court.

The alternative writ must be quashed on two grounds: First, the affidavit does not set forth a copy of the proposed statement ■of the case, nor show what it was, so that this court can see that it was necessary, in order to present the case .properly to this court, that the [442]*442statement asked to be inserted should be inserted; second, there is a. •variance between the statement which the alternative writ requires-the respondent to insert in the settled ease, and that which the affidavit shows was struck out. All other objections to the writ are overruled.

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By the court.

The alternative writ must be quashed on two grounds: First, the affidavit does not set forth a copy of the proposed statement ■of the case, nor show what it was, so that this court can see that it was necessary, in order to present the case .properly to this court, that the [442]*442statement asked to be inserted should be inserted; second, there is a. •variance between the statement which the alternative writ requires-the respondent to insert in the settled ease, and that which the affidavit shows was struck out. All other objections to the writ are overruled.

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Bluebook (online)

13 N.W. 671, 29 Minn. 440, 1882 Minn. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-schmitt-v-macdonald-minn-1882.