Cited by
Opinions in Minnesota that cite Jones v. Jones, 64 N.W.2d 508.
- State of Minnesota v. Mitchel Jerome Kasper Minn. Ct. App. 2023
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State of Minnesota v. Mitchel Jerome Kasper
Minn. Ct. App. 2023
Azure, d at 724; d 508, 515 (Minn. 1954) (holding, in a dissolution matter, that the right of removal may be waived by “failure to seasonably assert it.”).
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In re the Matter of:
Minn. Ct. App. 2021
-74 (Minn. 1969) (concluding appellant was entitled to a new trial where he filed a written affidavit of prejudice 30 minutes before the hearing); Jones v. Jones , , 516 (Minn. 1954) (concluding that appellant was entitled to a new trial where he filed a written affidavit of prejudice before the trial began but after the court term at which the case had been noticed for trial convened); Lanners v. Comm’r of Pub.
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A19-1560
Minn. 2021
Minn. Code of Judicial Conduct 1.2 (requiring judges “to act at all times in a manner that promotes public confidence” in the integrity of the judiciary).
- OCC, LLC v. Cnty. of Hennepin (In re OCC, LLC) 917 N.W.2d 86 Minn. 2018
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OCC, LLC v. Cnty. of Hennepin (In re OCC, LLC)
917 N.W.2d 86
Minn. 2018
See McClelland v. Pierce , , 219 (Minn. 1985) ("Proof of actual bias or prejudice is not required; the affidavit of prejudice itself is enough."); Peterson v. Bartels , 284 Minn. 463 , , 574 (1969) (explaining that a timely affidavit of prejudice filed under previous Rule 63.03 required the trial court judge "to disqualify himself"); Jones v. Jones , 242 Minn. 251 , , 514 (1954) (explaining that the timely filing of an affidavit of prejudice "operates ipso facto to disqualify the presiding judge
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Jake Anthony Scharber-Pikula, petitioner, Respondent,
Minn. Ct. App. 2017
Although t he supreme court has “stressed the importance of p rotecting the constitutional right of litigants to a fair and impartial trial,” it has stated that “[t]he protection of that right is the duty and obligation of the lawyer as an officer of the court.” Jones v. Jones, 242 Minn. 251, 262
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In re the Matter of:
Minn. Ct. App. 2017
8 bias.”); see also Jones v. Jones, 242 Minn. 251, 262, (stating that the “fundamental right [to a fair and im partial judge] may be waived by failure to seasonably assert it”).
- In re: The Power of Attorney Granted by Virginia G. Taraldson dated August 23, 2007 to Kathleen P. … Minn. Ct. App. 2016
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In re: The Power of Attorney Granted by Virginia G. Taraldson dated August 23, 2007 to Kathleen P. …
Minn. Ct. App. 2016
Jones v. Jones, 242 Minn. 251, 261–62
- Jedidiah Dean Troxel v. State of Minnesota 875 N.W.2d 302 Minn. 2016
- State v. Dahlin 753 N.W.2d 300 Minn. 2008
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State v. Dahlin
753 N.W.2d 300
Minn. 2008
But we have previously stated that the right of peremptory removal “ ‘may be waived by failure to seasonably assert it.’ ” (quoting Jones v. Jones, 242 Minn. 251, 262 , ) (holding that appellant waived his right to seek peremptory removal by failing to file a notice of removal with the court administrator and by failing to bring a motion for removal in a timely manner).
- State v. Azure 621 N.W.2d 721 Minn. 2001
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State v. Azure
621 N.W.2d 721
Minn. 2001
s “relentlessly formalistic.” 2 Although “the right to peremptorily challenge a judge shall be liberally construed to safeguard in both fact and appearance the constitutional right to a fair and impartial trial,” (citation omitted), it is equally true that the right of removal “may be waived by failure to seasonably assert it.” Jones v. Jones, 242 Minn. 251, 262
- Citizens State Bank of Clara City v. Wallace 477 N.W.2d 741 Minn. Ct. App. 1991
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Citizens State Bank of Clara City v. Wallace
477 N.W.2d 741
Minn. Ct. App. 1991
Jones v. Jones, 242 Minn. 251, 261
- Uselman v. Uselman 464 N.W.2d 130 Minn. 1990
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Uselman v. Uselman
464 N.W.2d 130
Minn. 1990
d at 11 ; Jones v. Jones, 242 Minn. 251, 261-62 , (citations omitted).
- Violette v. Midwest Printing Co.-Webb Publishing 415 N.W.2d 318 Minn. 1987
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Violette v. Midwest Printing Co.-Webb Publishing
415 N.W.2d 318
Minn. 1987
Jones v. Jones, 242 Minn. 251, 262 , Wiedemann v. Wiedemann, 228 Minn. 174, 177 , 36 N.W.
- McClelland v. Pierce 376 N.W.2d 217 Minn. 1985
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McClelland v. Pierce
376 N.W.2d 217
Minn. 1985
Jones v. Jones, 242 Minn. 251
- Marriage of McClelland v. McClelland 359 N.W.2d 7 Minn. 1984
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Marriage of McClelland v. McClelland
359 N.W.2d 7
Minn. 1984
Jones v. Jones, 242 Minn. 251
- Ellis v. Minneapolis Commission on Civil Rights 295 N.W.2d 523 Minn. 1980
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Ellis v. Minneapolis Commission on Civil Rights
295 N.W.2d 523
Minn. 1980
Jones v. Jones, 242 Minn. 251 , Wiedemann v. Wiedemann, 228 Minn. 174 , Payne v. Lee, 222 Minn. 269
- Marriage of Lappi v. Lappi 294 N.W.2d 312 Minn. 1980
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Marriage of Lappi v. Lappi
294 N.W.2d 312
Minn. 1980
3 See, also, Lindberg v. Lindberg, 282 Minn. 536, 537, n. 2 , n. 2 (1969), and Jones v. Jones, 242 Minn. 251
- Minnesota State Bar Ass'n v. Divorce Education Associates 219 N.W.2d 920 Minn. 1974
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Minnesota State Bar Ass'n v. Divorce Education Associates
219 N.W.2d 920
Minn. 1974
See, e.g., Payne v. *325 Lee, 222 Minn. 269 , Wiedemann v. Wiedemann, 228 Minn. 174 , Jones v. Jones, 242 Minn. 251
- State v. Dailey 169 N.W.2d 746 Minn. 1969
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State v. Dailey
169 N.W.2d 746
Minn. 1969
In re Trusts Created by Hormel, 282 Minn. 197 , 163 N. W. (2d) 844 ; Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 .
- Lindberg v. Lindberg 163 N.W.2d 870 Minn. 1969
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Lindberg v. Lindberg
163 N.W.2d 870
Minn. 1969
See, Anderson v. Anderson, 260 Minn. 573 , 110 N. W. (2d) 293 ; Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 ; Wiedemann v. Wiedemann, 228 Minn. 174 , 36 N. W. (2d) 810 .
- In Re Trusts Created by Hormel 163 N.W.2d 844 Minn. 1968
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In Re Trusts Created by Hormel
163 N.W.2d 844
Minn. 1968
Jones v. Jones, 242 Minn. 251, 264 , 64 N. W. (2d) 508, 516 .
- State Ex Rel. Waslie v. Waslie 152 N.W.2d 755 Minn. 1967
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State Ex Rel. Waslie v. Waslie
152 N.W.2d 755
Minn. 1967
Neib v. Krueger, 143 Minn. 149 , ; Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 ; Gauthier *449 v. Walter, 110 Minn. 103 , ; State ex rel.
- State v. Neil 425 P.2d 842 Ariz. 1967
- State Ex Rel. Waslie v. Waslie 143 N.W.2d 634 Minn. 1966
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State Ex Rel. Waslie v. Waslie
143 N.W.2d 634
Minn. 1966
Neib v. Krueger, 143 Minn. 149 , Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 (14 and 15 years old); In re Guardianship of Campbell, 216 Minn. 113 , 11 N. W. (2d) 786 (15 years old); State ex rel.
- Currier v. Currier 136 N.W.2d 55 Minn. 1965
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Currier v. Currier
136 N.W.2d 55
Minn. 1965
See, Arne v. Holland, 85 Minn. 401 , ; Aske v. Aske, 233 Minn. 540, 543 , 47 N. W. (2d) 417, 419 ; Jones v. Jones, 242 Minn. 251, 264 , 64 N. W. (2d) 508, 516 .
- Anderson v. Anderson 110 N.W.2d 293 Minn. 1961
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Anderson v. Anderson
110 N.W.2d 293
Minn. 1961
We are of the opinion that this issue is governed by our decisions in Wiedemann v. Wiedemann, 228 Minn. 174 , 36 N. W. (2d) 810 ; Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 ; and that thereunder it was incumbent upon the judge involved to recognize the affidavit of prejudice which was filed against him, to refrain from acting on the motion, and to refer the case to the clerk of the district court so that the cause might properly be assigned to another judge of the sam
- Baskerville v. Baskerville 75 N.W.2d 762 Minn. 1956
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Baskerville v. Baskerville
75 N.W.2d 762
Minn. 1956
See, Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 ; Payne v. Lee, supra; 3 Youngquist & Blacik, Minnesota Rules Practice, pp. 444 to 451.
- State v. Ketterer 69 N.W.2d 115 Minn. 1955
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State v. Ketterer
69 N.W.2d 115
Minn. 1955
Payne v. Lee, 222 Minn. 269 , 24 N. W. (2d) 259 ; Wiedemann v. Wiedemann, 228 Minn. 174 , 86 N. W. (2d) 810 ; Jones v. Jones, 242 Minn. 251 , 64 N. W. (2d) 508 .