Strand v. Great Northern Railway Co.
Strand v. Great Northern Railway Co.
Opinion of the Court
The order to show cause heretofore issued herein upon plaintiff’s application for an order of this court suspending Rule XIV of this court (222 Minn, xxxvii) and ordering the clerk of this court to issue remittitur herein to the court below forthwith upon payment of the clerk’s fees as provided in M. S. A. 607.02, and for an order waiving the provisions of § 607.02 requiring that plaintiff pay the costs and disbursements in full before issuance of the remittitur, is hereby discharged.
The opinion in this case (Strand v. G. N. Ry. Co. 233 Minn. 93, 46 N. W. [2d] 266) was filed February 2, 1951. Rule XV (222 Minn, xxxvii) provides that costs and disbursements shall be taxed within 15 days after the filing of the opinion. Defendant Great Northern Railway Company’s
By § 549.12, the minor plaintiff herein and his father as natural guardian are liable for such costs and disbursements as may be allowed. The showing plaintiff has made that his father and natural guardian is “unable to pay such costs in full” as provided by § 607.02 is inadequate and insufficient. See, Winters v. M. & St. L. R. Co. 127 Minn. 532, 148 N. W. 1096. For this further reason, plaintiff’s application must be denied.
Order to show cause discharged and application denied.
Reference
- Full Case Name
- DAVID A. STRAND v. GREAT NORTHERN RAILWAY COMPANY AND MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY
- Status
- Published