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Opinions in Minnesota that cite Wenger v. Wenger, 274 N.W. 517.

85 citing documents.

In Re the Marriage of: Sarah Lynne Douglass v. Joshua Gary Olson, County of Clay, ... Minn. Ct. App. 2026
In Re the Marriage of: Sarah Lynne Douglass v. Joshua Gary Olson, County of Clay, ... Minn. Ct. App. 2026
This requirement is “designed ‘merely to secure order, uniformity, system and dispatch in public business.’” ().
Joseph Rued v. Commissioner of Human Services Minn. 2024
Joseph Rued v. Commissioner of Human Services Minn. 2024
2, 1947, ch. 201, § 4, 1947 Minn. Laws 360, 362, our court explained in 1937 that “shall” and “must” were “suggestive of a mandatory meaning,” particularly when the statute “declare[s] the consequences of a failure of compliance.”
In the Matter of Stevens County for a Conditional Use Permit. Minn. Ct. App. 2023
The supreme court has stated that the use of “shall” in a statute may be interpreted as directory—and not mandatory—if the statute “provide[s] no consequence for noncompliance.” Hans Hagen Homes, ( (“[T]he words ‘shall’ and 15 ‘must,’ while suggestive of a mandatory meaning, are not always to be construed in a statute as being mandatory.
Asha Ahmed, Appellant, Minn. Ct. App. 2022
Under well-settled caselaw, “the words ‘shall’ and ‘must,’ while suggestive of a mandatory meaning, are not always to be construed in a statute as being mandatory.”
Troy Kenneth Scheffler, Appellant, Minn. Ct. App. 2018
Even though Wenger was issued in 1937, no Minnesota court since then has held that 8 Wenger v. Wenger, 200 Minn. 437-40, -20 (1937).
Luz Hernandez, Appellant, Minn. Ct. App. 2017
Wenger v. Wenger, 200 Minn. 436, 440, 274 N.W.
State v. Smith 899 N.W.2d 120 Minn. 2017
In re M.O. 838 N.W.2d 577 Minn. Ct. App. 2013
In re M.O. 838 N.W.2d 577 Minn. Ct. App. 2013
Furthermore, “statutory provisions defining the time and mode in which public officers shall discharge their duties, and which are obviously designed merely to secure order, uniformity, system, and dispatch in public business, are generally deemed directory.” Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Resendiz v. State 832 N.W.2d 860 Minn. Ct. App. 2013
Resendiz v. State 832 N.W.2d 860 Minn. Ct. App. 2013
(quoting Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Riehm v. Commissioner of Public Safety 745 N.W.2d 869 Minn. Ct. App. 2008
Riehm v. Commissioner of Public Safety 745 N.W.2d 869 Minn. Ct. App. 2008
The Szczech court instead relied upon “the well-established rule of statutory construction” articulated in Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
In Re the Civil Commitment of Giem 742 N.W.2d 422 Minn. 2007
In Re the Civil Commitment of Giem 742 N.W.2d 422 Minn. 2007
7 See Hans Hagen Homes, (noting that a statutory timing provision that included a consequence for noncompliance was mandatory); Wenger v. Wenger, 200 Minn. 436, 440 , 274 N.W.
State v. Tatum 556 N.W.2d 541 Minn. 1996
State v. Tatum 556 N.W.2d 541 Minn. 1996
See Wenger v. Wenger, 200 Minn. 436, 442-44, 274 N.W.
State Ex Rel. Beaulieu v. RSJ, Inc. 552 N.W.2d 695 Minn. 1996
State Ex Rel. Beaulieu v. RSJ, Inc. 552 N.W.2d 695 Minn. 1996
The MDHR cites this court’s 1937 decision in Wenger v. Wenger, 200 Minn. 436 , 274 N.W.
State v. Thomas 467 N.W.2d 324 Minn. Ct. App. 1991
State v. Thomas 467 N.W.2d 324 Minn. Ct. App. 1991
Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Marriage of Haasken v. Haasken 396 N.W.2d 253 Minn. Ct. App. 1986
Marriage of Haasken v. Haasken 396 N.W.2d 253 Minn. Ct. App. 1986
In Wenger v. Wenger, 200 Minn. 436 , 274 N.W.
Garvey v. Garvey 390 N.W.2d 33 Minn. Ct. App. 1986
Garvey v. Garvey 390 N.W.2d 33 Minn. Ct. App. 1986
§ 546.27 is directory and designed “merely to secure order, uniformity, system and dispatch in public business.” Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
State v. Andow 372 N.W.2d 747 Minn. Ct. App. 1985
State v. Andow 372 N.W.2d 747 Minn. Ct. App. 1985
Wenger v. Wenger, 200 Minn. 436, 437-38 , 274 N.W.
City of Chanhassen v. County of Carver 369 N.W.2d 297 Minn. Ct. App. 1985
City of Chanhassen v. County of Carver 369 N.W.2d 297 Minn. Ct. App. 1985
(quoting Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Szczech v. Commissioner of Public Safety 343 N.W.2d 305 Minn. Ct. App. 1984
Szczech v. Commissioner of Public Safety 343 N.W.2d 305 Minn. Ct. App. 1984
Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Perkins v. National Railroad Passenger Corp. 289 N.W.2d 462 Minn. 1979
Perkins v. National Railroad Passenger Corp. 289 N.W.2d 462 Minn. 1979
Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Ewers v. Thunderbird Aviation, Inc. 289 N.W.2d 94 Minn. 1979
Ewers v. Thunderbird Aviation, Inc. 289 N.W.2d 94 Minn. 1979
See, Wenger v. Wenger, 200 Minn. 436 , 274 N.W.
Heller v. Wolner 269 N.W.2d 31 Minn. 1978
Heller v. Wolner 269 N.W.2d 31 Minn. 1978
In our view, this case comes squarely within “the well established rule of statutory construction that statutory provisions defining the time and mode in which public officers shall discharge their duties, and which are obviously designed merely to secure order, uniformity, system, and dispatch in public business, are generally deemed directory.” Wenger v. Wenger, 200 Minn. 436, 438 , 274 N.W.
Brecht v. Schramm 266 N.W.2d 514 Minn. 1978
Brecht v. Schramm 266 N.W.2d 514 Minn. 1978
142 (1936); Wenger v. Wenger, 200 Minn. 436 , 274 N.W.
First Nat. Bank of Shakopee v. DEPT. OF COMM. 245 N.W.2d 861 Minn. 1976
First Nat. Bank of Shakopee v. DEPT. OF COMM. 245 N.W.2d 861 Minn. 1976
In Wenger v. Wenger, 200 Minn. 436 , reaffirming our earlier decision in Vogle v. *132 Grace, 5 Minn. 232 (294) (1861), where we held that a similar requirement of district court judges was directory, we endorsed the “well established rule of statutory construction that statutory provisions defining the time and mode in which publ
Zieman v. Zieman 121 N.W.2d 77 Minn. 1963
Zieman v. Zieman 121 N.W.2d 77 Minn. 1963
Cf. Wenger v. Wenger, 200 Minn. 436 , ; State ex rel.
State, by Lord v. Frisby 108 N.W.2d 769 Minn. 1961
State, by Lord v. Frisby 108 N.W.2d 769 Minn. 1961
3 Bielke v. American Crystal Sugar Co. 206 Minn. 308 , ; Rambeck v. La Bree, 156 Minn. 310 , ; Wenger v. Wenger, 200 Minn. 436 , .
State Ex Rel. Rajala v. Rigg 101 N.W.2d 608 Minn. 1960
State Ex Rel. Rajala v. Rigg 101 N.W.2d 608 Minn. 1960
1 For cases holding a statute directory and not mandatory, involving jurisdiction, see Rutz v. Tennant & Hoyt Co. 191 Minn. 227 , ; Wenger v. Wenger, 200 Minn. 436 , ; 11 Dun-nell, Dig.
Thomas v. Ramberg 73 N.W.2d 195 Minn. 1955

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