Merrill v. Dearing
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1970, among the opinions in this site’s citation index.
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Cases that cite this one
6 later published cases cite this decision.
- State v. Dailson (Minn. 1970)
- Getchell v. Great Northern Ry. Co. (N.D. 1911)
- Cruzen v. Merchants State Bank (Minn. 1909)
- Mayott v. Knott (Wyo. 1907)
- Sweeney v. Coulter (Ky. Ct. App. 1900)
- Schleuder v. Corey (Minn. 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Motion to affirm judgment under rules 11 and 14. In opposition, appellant shows a notice dismissing
There is no statute or rule of court controlling the practice in relation to the dismissal or withdrawal of appeals to this court. Where there is no such statute ór rule of court we think that, if an appellate court has once got jurisdiction of a cause, it cannot be deprived of that jurisdiction, and the respondent of a decision, at the mere will of the appellant. He should make application to the court for leave to dismiss. A mere notice that he dismisses is a nullity. Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.