Warner v. A. G. Anderson, Inc.

Supreme Court of Minnesota

Warner v. A. G. Anderson, Inc.

3 N.W.2d 673, 212 Minn. 610, 1942 Minn. LEXIS 673

CourtSupreme Court of Minnesota

DecidedMay 8, 1942

DocketNo. 33,185.

StatusPublished

Cited by2 cases

This text of 3 N.W.2d 673 (Warner v. A. G. Anderson, Inc.) 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

Warner v. A. G. Anderson, Inc., 3 N.W.2d 673, 212 Minn. 610, 1942 Minn. LEXIS 673 (Mich. 1942).

Pincite

Opinion

Per Curiam.

This matter is purportedly before us upon a writ of certiorari to review a judgment of the municipal court of Duluth adverse to relator. However, we are not authorized to review it. By statute, a party may appeal from a judgment of the municipal court of Duluth “upon the same grounds and in like manner, and upon like proceedings” as in the case of appeals from the district court to the supreme court. L. 1923, c. 238, §. 47; amended, L. 1937, c. 143. “A judgment * * * in a civil action in a district court may be removed to the supreme court by appeal, as provided in this chapter, and not otherwise.” Mason St. 1927, § 9490. Review by certiorari is thus excluded. The writ, having been improvidently issued, must be quashed. State ex rel. Village of Buhl v. District Court, 136 Minn. 461, 161 N. W. 1055; Neumann v. Edwards, 146 Minn. 179, 178 N. W. 589.

So ordered.

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Per Curiam.

This matter is purportedly before us upon a writ of certiorari to review a judgment of the municipal court of Duluth adverse to relator. However, we are not authorized to review it. By statute, a party may appeal from a judgment of the municipal court of Duluth “upon the same grounds and in like manner, and upon like proceedings” as in the case of appeals from the district court to the supreme court. L. 1923, c. 238, §. 47; amended, L. 1937, c. 143. “A judgment * * * in a civil action in a district court may be removed to the supreme court by appeal, as provided in this chapter, and not otherwise.” Mason St. 1927, § 9490. Review by certiorari is thus excluded. The writ, having been improvidently issued, must be quashed. State ex rel. Village of Buhl v. District Court, 136 Minn. 461, 161 N. W. 1055; Neumann v. Edwards, 146 Minn. 179, 178 N. W. 589.

So ordered.

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Bluebook (online)

3 N.W.2d 673, 212 Minn. 610, 1942 Minn. LEXIS 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-a-g-anderson-inc-minn-1942.

Opinion

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