Minnesota Supreme Court, 1877

Merrill v. Dearing

Merrill v. Dearing
Minnesota Supreme Court · Decided October 5, 1877 · Gileillan
24 Minn. 179; 1877 Minn. LEXIS 111 (Minnesota Reports)

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Last cited by a Minnesota appellate court in 1970, among the opinions in this site’s citation index.

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Merrill v. Dearing

Cases that cite this one

6 later published cases cite this decision.

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

Gileillan, C. J.

Motion to affirm judgment under rules 11 and 14. In opposition, appellant shows a notice dismissing *180the appeal served upon the respondent and filed, with proof of service, with the clerk.

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.