Johnson v. St. Paul City Railway Co.
Cited by
- Scott v. State 788 N.W.2d 497 Minn. 2010
- Gassler v. State 787 N.W.2d 575 Minn. 2010
- Brown v. Allstate Insurance Co. 466 N.W.2d 54 Minn. Ct. App. 1991
- State Ex Rel. Perkins v. Utecht 44 N.W.2d 113 Minn. 1950
- Chisholm Water Supply Co. v. City of Chisholm 287 N.W. 493 Minn. 1939
- In re Johnson 184 N.W. 214 Minn. 1921
- Callaghan v. Union Pacific Railroad 182 N.W. 1004 Minn. 1921
- County of Lincoln v. Curtis 159 N.W. 129 Minn. 1916
- Flood v. Chicago, St. Paul, Minneapolis & Omaha Railway Co. 116 N.W. 111 Minn. 1908
- Kennedy v. Fidelity & Casualty Co. 110 N.W. 624 Minn. 1907
Authorities cited
Identified automatically; this list may not be exhaustive.
- Johnson v. St. Paul City Railway Co. 67 Minn. 260
Opinion text
PER CURIAM. Notwithstanding decisions to the contrary, we are of the opinion that an appellate court has the inherent power to dismiss an appeal which is manifestly and palpably frivolous and without merit. This power is necessary in order to prevent the court itself from being imposed upon, and the administration of justice be-' ing trifled with and perverted for mere purposes of delay. This court has heretofore exercised this power, although very cautiously and sparingly. We will not permit such motions to be used as a short cut toa hearing on the merits. They will only be granted where it is perfectly apparent, without argument, that the appeal is frivolous. Such we think is the character of the present appeal. Judgment was entered in favor of the plaintiff for the reduced amount in exact accordance with the mandate of this court. 67 Minn. 260 , 69 N. W. 900 . The only point suggested as being raised by this appeal is that plaintiff’s consent to the reduction was filed in the lower court one day before the remittitur was filed. Ordered that the appeal be, and hereby is, dismissed. .