Merrill v. Dearing

Decision Date05 October 1877
CourtMinnesota Supreme Court


Motion to affirm judgment under rules 11 and 14. In opposition, appellant shows a notice dismissing the appeal served upon the respondent and filed, with proof of service, with the clerk.

There is no statute or rule of court controlling the practice in relation to the dismissal or withdrawal of appeals to this court. Where there is no such statute or rule of court we think that, if an appellate court has once got jurisdiction of a cause, it cannot be deprived of that jurisdiction, and the respondent of a decision, at the mere will of the appellant. He should make application to the court for leave to dismiss. A mere notice that he dismisses is a nullity. Judgment affirmed.

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7 cases
  • Mayott v. Knott
    • United States
    • Wyoming Supreme Court
    • October 11, 1907 an order of dismissal upon a motion therefor, but whether independent of such motion or order he could dismiss his appeal. In Merrill v. Dearing, 24 Minn. 179, the appeal was the district to the supreme court, and in opposition to a motion to affirm the judgment the appellant presented a......
  • Getchell v. Great Northern Ry. Co.
    • United States
    • North Dakota Supreme Court
    • December 8, 1911
    ...appellee is also necessary." For a list of late cases holding upon this question, see 1911 Ann. Cyc. p. 355, and especially see Merrill v. Dearing, 24 Minn. 179, where it is said: "He should make application to court for leave to dismiss. A mere notice that he dismisses is a nullity." See a......
  • State v. Dailson
    • United States
    • Minnesota Supreme Court
    • April 3, 1970
    ...has discretion to grant an application for dismissal and in this case does so. Radabaugh v. Just, 225 Minn. 187, 30 N.W.2d 534; Merrill v. Dearing, 24 Minn. 179. See, also, Minn.St. (2) An order of the trial court refusing to suppress evidence is not appealable as of right. State v. King, 2......
  • Sweeney v. Coulter
    • United States
    • Kentucky Court of Appeals
    • October 31, 1900
    ... ... Such prejudice or injury is ... not shown in this case, and the appeal is therefore ... dismissed, at appellant's cost." In Merrill v ... Dearing, 24 Minn. 179, it appeared that the appellee ... moved to affirm the judgment under some rule of the court. In ... opposition to ... ...
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