Mathews v. Taaffe
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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
1 later published case cites this decision.
- Kielsa v. St. John's Lutheran Hospital Association (Minn. 1970)
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
While the plaintiff himself cannot dismiss his action, where a provisional remedy has been allowed, or counterclaim made, or affirmative relief demanded in the answer, yet the court may do so, upon his application and sufficient cause shown, at any time before trial. Gen. St. 1878, c. 66, § 262, subd. 2. This power the court assumed to exercise in this case, and, if it erred in so doing, it was incumbent upon the appellant to make it appear. The record, which consists merely of the pleadings and the judgment of dismissal entered by the clerk, does not disclose what showing was made upon plaintiffs’ application, and hence fails to show that, in granting it, the court committed error.
Judgment affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.