County of Traverse v. Veigel
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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 2008, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- City of Waite Park v. Minnesota Office of Administrative Hearings (Minn. Ct. App. 2008)
- Tankar Gas, Inc. v. Lumbermen's Mutual Casualty Co. (Minn. 1943)
- Malcolmson v. Goodhue County National Bank (Minn. 1937)
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
The judgment in this action was affirmed on a former appeal. County of Traverse v. Veigel, 176 Minn. 594, 224 N. W. 159. ' On that appeal defendant sought to raise the question that plaintiff was not entitled to the interest on its claim which had been included in the judgment, but this court refused to consider that question for the reason that it had not been raised in the court below. Some five months after the going down of the remittitur defendant made a motion to amend the original judgment by *590 eliminating therefrom the allowance for interest. The trial court held that it was without jurisdiction to make the amendment and refused to entertain the motion. Defendant appealed.
Where a judgment has been affirmed by an appellate court the lower court cannot thereafter modify or change the judgment unless authorized to do so by statute or by the appellate court. Minnesota L. & I. Co. v. Munch, 118 Minn. 340, 136 N. W. 1026; Orcutt v. Trustees of Wesley M. E. Church, 174 Minn. 153, 218 N. W. 550; 1 Dunnell, Minn. Dig. (2 ed.) § 284; 4 C. J. 1222, § 3272, 1224, § 3273, 1232, § 3290. This court having affirmed the judgment without directing or authorizing the lower court to make any change therein, that court was without power to make the amendment requested.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.