Minnesota Supreme Court, 1898

Fonda v. St. Paul City Railway Co.

Fonda v. St. Paul City Railway Co.
Minnesota Supreme Court · Decided April 16, 1898
72 Minn. 1; 80 N.W. 366; 1898 Minn. LEXIS 607 (Minnesota Reports)

Can I rely on this case?

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 1918, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Fonda v. St. Paul City Railway Co.

Cases that cite this one

2 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

PER CURIAM.

This is a motion under G. S. 1894, § 5517, to remit this case without payment of costs, on the ground that the respondent is unable to pay them. Our construction of the statute is that, whether the costs in any given case shall be paid as a condition precedent to remitting the case and its further prosecution in the court below, is a question exclusively for this court. If the case is remitted without the costs being paid, no matter whether it is on the application of the respondent or appellant, it goes down for further proceedings in accordance with the opinion of this court, without reference to the question whether the costs have been paid or not. Now it was admitted on the hearing of this motion that this case has already been, on the application of appellant, the prevailing party, remitted without payment of the costs, therefore it is un*2necessary for us to consider the question whether we have jurisdiction to recall the remittitur and hear this motion on its merits.

Motion denied.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.