State v. Robert P. Lewis Co.
This text of 72 N.W. 962 (State v. Robert P. Lewis Co.) 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.
Opinion
Tax case attempted to be certified to this court, in accordance with the provisions of G. S. 1894, § 1589. It was held in County v. St. Paul, 42 Minn. 451, 44 N. W. 982, that, to comply with the terms of said section 1589, the trial court must state what point or points he certifies for the opinion of this court, and that, except as to these points, the determination of the trial court is final. This case was followed in State v. St. Croix, 49 Minn. 450, 52 N. W. 44. What was there said in respect to the insufficiency of the certificate is applicable here. It is not stated what particular points are certified, and it nowhere appears from the record that a single one of the many now argued by counsel were ever brought to the attention of the trial judge, considered or passed upon by him.
As the certificate is insufficient, and confers no jurisdiction upon this court, the proceeding is dismissed, and the cause remanded to-the district court.
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Cite This Page — Counsel Stack
72 N.W. 962, 70 Minn. 202, 1897 Minn. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robert-p-lewis-co-minn-1897.