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State ex rel. Cole v. Tahash

State Ex Rel. Robert Lee Cole v. Ralph H. Tahash

State ex rel. Cole v. Tahash, 116 N.W.2d 266 (Minn. 1962)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
June 22, 1962
Docket
No. 38,757
Judges
Per Curiam
Citations
116 N.W.2d 266263 Minn. 5791962 Minn. LEXIS 815

Opinion — Per Curiam

Per Curiam.

The respondent, warden of the State Prison, moves for a dismissal of the appeal of relator from an order of the Washington County District Court denying his petition for a writ of habeas corpus. The motion is made on the ground that the form of the notice of appeal is insufficient in that it is not directed to the attorney general and simply states: “Petitioner, in the above intitle matter wishes to appeal his denial for writ of habeas corpus — to the Minn. Supreme Court in Forma Pauperis.” And the motion is made on the further ground that no notice of appeal was served upon the attorney general as required by statute. Relator filed no answer to the motion and we therefore assume that he concedes such service was not made.

While the form of the notice of appeal might be regarded as sufficient under statutes and our prior decisions, service of the notice of appeal is jurisdictional. We therefore have no authority to hear the appeal.

1

Appeal dismissed.

1

See, Minn. St. 589.29, 632.02; State ex rel. Farrington v. Rigg, 248 Minn. 49 , 78 N. W. (2d) 721 ; State v. Alm, 246 Minn. 568 , 75 N. W. (2d) 212 ; State v. Besse, 160 Minn. 533 , 200 N. W. 356 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 11971: 119622026peak 1962 · 1

Relies on it most ⓘ

  1. Cole v. State183 N.W.2d 290 (Minn. 1971)
  2. State v. Alm116 N.W.2d 656 (Minn. 1962)

Most recent

  1. Cole v. State183 N.W.2d 290 (Minn. 1971)
  2. State v. Alm116 N.W.2d 656 (Minn. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
State ex rel. Farrington v. Rigg, 78 N.W.2d 721 (Minn. 1956) 10
State v. Besse, 200 N.W. 356 (Minn. 1924) 10
State v. Alm, 75 N.W.2d 212 (Minn. 1956) 9

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