Minnesota Supreme Court, 1915

State ex rel. Felton v. Stolberg

State ex rel. Felton v. Stolberg
Minnesota Supreme Court · Decided February 8, 1915
128 Minn. 537; 150 N.W. 924; 1915 Minn. LEXIS 990 (Minnesota Reports)

Counsel

James R. Kieloey, for relator., W. D. Dwyer, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1968, among the opinions in this site’s citation index.

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State ex rel. Felton v. Stolberg

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 mandamus proceeding to compel the respondent district court to ■“settle” a ease. The motion to settle the case was made long after the statutory time had expired and after the expiration of all stipulations and orders extending the time. Some matters in excuse were set forth by appellant, but these were addressed to the discretion of the trial court. There was no fact which was conclusive upon the parties or the court. Respondent - retained the proposed case, hut this was not a waiver of the objection that it was not served in time. State v. Powers, 69 Minn. 429, 432, 72 N. W. 705. The granting or refusing of a motion for leave to settle a case after the time limited by the statute, rests largely in the trial court’s discretion, and only in a case of clear abuse of such discretion wil-1 this court interfere. State v. Powers, supra. We cannot hold that the trial court abused its discretion in- this case.

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