uniform rule (Minnesota) · Go Syfert
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uniform rule in Minnesota

19 Minnesota opinions name it 2 courts 1883–2018 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
In Re Judicial Ditch No. 2, Houston Countygreen
minn · 1925 · cited in 3 Minnesota opinions naming this issue, 1985–2001
2 sentences

1985See, e.g., Doyle v. Swanson, 205 Minn. 40, 42 , 284 N.W. 874, 875 (1939) (actual knowledge of filing is no substitute for service of notice of filing); In re Judicial Ditch No. 2, 163 Minn. 383, 385 , 202 N.W. 52, 53 (1925) (“This construction has the merit of doing away with disputes as to whether or not a party had actual notice, and will establish a uniform rule of practice * * *.”); O'Brien v. Wendt, 295 N.W.2d 367, 370 (Minn.1980) (service of written notice of the filing by the clerk of court does not suffice).

1985See, e.g., Doyle v. Swanson, 205 Minn. 40, 42 , 284 N.W. 874, 875 (1939) (actual knowledge of filing is no substitute for service of notice of filing); In re Judicial Ditch No. 2, 163 Minn. 383, 385 , 202 N.W. 52, 53 (1925) (“This construction has the merit of doing away with disputes as to whether or not a party had actual notice, and will establish a uniform rule of practice * * *.”); O'Brien v. Wendt, 295 N.W.2d 367, 370 (Minn.1980) (service of written notice of the filing by the clerk of court does not suffice).

13
Comes v. Microsoft Corp.green
iowa · 2002 · cited in 1 Minnesota opinions naming this issue, 2007–2007
2 sentences

2007The desire for harmony between federal and state antitrust law relates more to prohibited conduct than to who can bring a lawsuit. “ ‘The purpose behind both state and federal antitrust law is to apply a uniform standard of conduct so that businesses will know what is acceptable conduct,’ ” but “ ‘to achieve this uniformity or predictability, we are not required to define who may sue in our state courts in the same way federal courts have defined who may maintain an action in federal court.’ ” Bunker’s Glass Co. v. Pilkington, PLC, 206 Ariz. 9 , 75 P.3d 99, 106 (2003) (quoting Comes v. Microso

2007The desire for harmony between federal and state antitrust law relates more to prohibited conduct than to who can bring a lawsuit. “ ‘The purpose behind both state and federal antitrust law is to apply a uniform standard of conduct so that businesses will know what is acceptable conduct,’ ” but “ ‘to achieve this uniformity or predictability, we are not required to define who may sue in our state courts in the same way federal courts have defined who may maintain an action in federal court.’ ” Bunker’s Glass Co. v. Pilkington, PLC, 206 Ariz. 9 , 75 P.3d 99, 106 (2003) (quoting Comes v. Microso

11
Bunker's Glass Co. v. PILKINGTON, PLCgreen
ariz · 2003 · cited in 1 Minnesota opinions naming this issue, 2007–2007
2 sentences

2007The desire for harmony between federal and state antitrust law relates more to prohibited conduct than to who can bring a lawsuit. “ ‘The purpose behind both state and federal antitrust law is to apply a uniform standard of conduct so that businesses will know what is acceptable conduct,’ ” but “ ‘to achieve this uniformity or predictability, we are not required to define who may sue in our state courts in the same way federal courts have defined who may maintain an action in federal court.’ ” Bunker’s Glass Co. v. Pilkington, PLC, 206 Ariz. 9 , 75 P.3d 99, 106 (2003) (quoting Comes v. Microso

2007The desire for harmony between federal and state antitrust law relates more to prohibited conduct than to who can bring a lawsuit. “ ‘The purpose behind both state and federal antitrust law is to apply a uniform standard of conduct so that businesses will know what is acceptable conduct,’ ” but “ ‘to achieve this uniformity or predictability, we are not required to define who may sue in our state courts in the same way federal courts have defined who may maintain an action in federal court.’ ” Bunker’s Glass Co. v. Pilkington, PLC, 206 Ariz. 9 , 75 P.3d 99, 106 (2003) (quoting Comes v. Microso

11
United States v. A. Guy Crouch, III and Michael J. Fryegreen
ca5 · 1996 · cited in 1 Minnesota opinions naming this issue, 2005–2005
1 sentence

2005United States v. Crouch, 84 F.3d 1497, 1523 (5th Cir.1996); United States v. McCoy, 977 F.2d 706, 711 (1st Cir.1992); 3 Wayne R.

11
United States v. James W. McCoygreen
ca1 · 1992 · cited in 1 Minnesota opinions naming this issue, 2005–2005
1 sentence

2005United States v. Crouch, 84 F.3d 1497, 1523 (5th Cir.1996); United States v. McCoy, 977 F.2d 706, 711 (1st Cir.1992); 3 Wayne R.

11
Graham v. Itasca County Planning Commissiongreen
minnctapp · 1999 · cited in 1 Minnesota opinions naming this issue, 2001–2001
1 sentence

2001Id. at 385 , 202 N.W. at 53 ; cf. Graham v. Itasca County Planning Comm’n, 601 N.W.2d 461, 465 (Minn.App.1999) (relying, in part, on Judicial Ditch No. 2 in construing a similar statute).

11
Goodwin v. Stategreen
ark · 1978 · cited in 1 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001Compare, e.g., State v. Eben, 81 Ohio App.3d 341 , 610 N.E.2d 1109, 1113 (1992) (no requirement that foundation be laid on cross-examination as would be needed with prior inconsistent statements), with, e.g., Goodwin v. State, 263 Ark. 856 , 568 S.W.2d 3, 8 (1978) (necessary to give witness opportunity on cross-examination to deny out-of-court statements showing bias).

2001Compare, e.g., State v. Eben, 81 Ohio App.3d 341 , 610 N.E.2d 1109, 1113 (1992) (no requirement that foundation be laid on cross-examination as would be needed with prior inconsistent statements), with, e.g., Goodwin v. State, 263 Ark. 856 , 568 S.W.2d 3, 8 (1978) (necessary to give witness opportunity on cross-examination to deny out-of-court statements showing bias).

11
State v. Ebengreen
ohioctapp · 1992 · cited in 1 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001Compare, e.g., State v. Eben, 81 Ohio App.3d 341 , 610 N.E.2d 1109, 1113 (1992) (no requirement that foundation be laid on cross-examination as would be needed with prior inconsistent statements), with, e.g., Goodwin v. State, 263 Ark. 856 , 568 S.W.2d 3, 8 (1978) (necessary to give witness opportunity on cross-examination to deny out-of-court statements showing bias).

2001Compare, e.g., State v. Eben, 81 Ohio App.3d 341 , 610 N.E.2d 1109, 1113 (1992) (no requirement that foundation be laid on cross-examination as would be needed with prior inconsistent statements), with, e.g., Goodwin v. State, 263 Ark. 856 , 568 S.W.2d 3, 8 (1978) (necessary to give witness opportunity on cross-examination to deny out-of-court statements showing bias).

11
Doyle v. Swansongreen
minn · 1939 · cited in 1 Minnesota opinions naming this issue, 1985–1985
2 sentences

1985See, e.g., Doyle v. Swanson, 205 Minn. 40, 42 , 284 N.W. 874, 875 (1939) (actual knowledge of filing is no substitute for service of notice of filing); In re Judicial Ditch No. 2, 163 Minn. 383, 385 , 202 N.W. 52, 53 (1925) (“This construction has the merit of doing away with disputes as to whether or not a party had actual notice, and will establish a uniform rule of practice * * *.”); O'Brien v. Wendt, 295 N.W.2d 367, 370 (Minn.1980) (service of written notice of the filing by the clerk of court does not suffice).

1985See, e.g., Doyle v. Swanson, 205 Minn. 40, 42 , 284 N.W. 874, 875 (1939) (actual knowledge of filing is no substitute for service of notice of filing); In re Judicial Ditch No. 2, 163 Minn. 383, 385 , 202 N.W. 52, 53 (1925) (“This construction has the merit of doing away with disputes as to whether or not a party had actual notice, and will establish a uniform rule of practice * * *.”); O'Brien v. Wendt, 295 N.W.2d 367, 370 (Minn.1980) (service of written notice of the filing by the clerk of court does not suffice).

11
Bowman v. Pamida, Inc.green
minn · 1977 · cited in 1 Minnesota opinions naming this issue, 1985–1985
1 sentence

1985The time limits imposed by Rule 59.03 “have been uniformly treated as absolute by decisions of both this court and Federal courts.” Bowman v. Pamida, Inc., 261 N.W.2d 594, 597 (Minn.1977) (footnote omitted).

11
O'BRIEN v. Wendtgreen
minn · 1980 · cited in 1 Minnesota opinions naming this issue, 1985–1985
1 sentence

1985See, e.g., Doyle v. Swanson, 205 Minn. 40, 42 , 284 N.W. 874, 875 (1939) (actual knowledge of filing is no substitute for service of notice of filing); In re Judicial Ditch No. 2, 163 Minn. 383, 385 , 202 N.W. 52, 53 (1925) (“This construction has the merit of doing away with disputes as to whether or not a party had actual notice, and will establish a uniform rule of practice * * *.”); O'Brien v. Wendt, 295 N.W.2d 367, 370 (Minn.1980) (service of written notice of the filing by the clerk of court does not suffice).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
Hunt v. Washington State Apple Advertising Commission green
scotus · 1977
2 sentences

2018The stated purpose of North Carolina law was to avoid consumer confusion by ensuring "a single uniform standard." Id. at 349 , 97 S.Ct. at 2444 .

2018The stated purpose of North Carolina law was to avoid consumer confusion by ensuring "a single uniform standard." Id. at 349 , 97 S.Ct. at 2444 .

12018–2018
Nelson v. Sandkamp green
· 1948
1 sentence

2010Noting that section 645.15 is a codification of a common-law time-computation method, we stated in Nelson that “in making [section] 645.15 expressive of the common-law rule, the legislature intended to provide a certain and uniform rule for the computation of periods of time prescribed or fixed in all statutes, except in those cases where the statutory terms affirmatively indicate the contrary.” 227 Minn, at 181-82, 34 N.W.2d at 643 .

12010–2010
Bracy v. Gramley green
scotus · 1997
2 sentences

2005Bracy, 520 U.S. at 904 , 117 S.Ct. 1793 .

2005Bracy, 520 U.S. at 904 , 117 S.Ct. 1793 .

12005–2005
Stoltzmann v. County of Ramsey green
minn · 1977
2 sentences

1998At any rate, they constitute the best regulation the law can establish.” Id. at 193 , 251 N.W.2d at 134 (quoting 3 Cooley, Taxation (4 ed.), § 1062, p. 2140).

1998At any rate, they constitute the best regulation the law can establish.” Id. at 193 , 251 N.W.2d at 134 (quoting 3 Cooley, Taxation (4 ed.), § 1062, p. 2140).

11998–1998
Swain v. Alabama red
scotus · 1965
2 sentences

1985While the court could have allowed the challenge, we do not believe that the court clearly abused its discretion in not doing so and we therefore conclude that defendant is not entitled to a new trial on this ground. 1 The advantages of the uni *312 form rule are discussed as follows in III ABA Standards for Criminal Justice, § 15-2.6 at 15.70 (1980): The Supreme Court observed in Swain v. Alabama [ 380 U.S. 202, 218 , 85 S.Ct. 824, 834 , 13 L.Ed.2d 759 (1965)] that the approach [used in the uniform rule], as opposed to other types of peremptory challenge, has been praised “as a fairer system

1985While the court could have allowed the challenge, we do not believe that the court clearly abused its discretion in not doing so and we therefore conclude that defendant is not entitled to a new trial on this ground. 1 The advantages of the uni *312 form rule are discussed as follows in III ABA Standards for Criminal Justice, § 15-2.6 at 15.70 (1980): The Supreme Court observed in Swain v. Alabama [ 380 U.S. 202, 218 , 85 S.Ct. 824, 834 , 13 L.Ed.2d 759 (1965)] that the approach [used in the uniform rule], as opposed to other types of peremptory challenge, has been praised “as a fairer system

11985–1985
Florida Lime & Avocado Growers, Inc. v. Paul green
scotus · 1963
1 sentence

1980Id.

11980–1980
Gray v. Childs neutral
fla · 1934
2 sentences

1964Lindsey v. Tollison, 100 S. C. 165, 174, 84 S. E. 819, 821 , the court held: “* * * [I]n determining what was or was not done by the Senate, the Journal must be considered as a whole, as any other record would be.” In Gray v. Childs, 115 Fla. 816 , 156 So. 274 , the court held: “[The] Legislature is empowered while it is in session to make its records speak truth and to record in its journal true history of proceedings, and proceedings as written and approved by Legislature while in session are controlling data as to session’s proceedings.” It is the uniform rule that parliamentary rules, such

1964Lindsey v. Tollison, 100 S. C. 165, 174, 84 S. E. 819, 821 , the court held: “* * * [I]n determining what was or was not done by the Senate, the Journal must be considered as a whole, as any other record would be.” In Gray v. Childs, 115 Fla. 816 , 156 So. 274 , the court held: “[The] Legislature is empowered while it is in session to make its records speak truth and to record in its journal true history of proceedings, and proceedings as written and approved by Legislature while in session are controlling data as to session’s proceedings.” It is the uniform rule that parliamentary rules, such

11964–1964
State Ex Rel. Lindsey v. Tollison neutral
· 1915
2 sentences

1964Lindsey v. Tollison, 100 S. C. 165, 174, 84 S. E. 819, 821 , the court held: “* * * [I]n determining what was or was not done by the Senate, the Journal must be considered as a whole, as any other record would be.” In Gray v. Childs, 115 Fla. 816 , 156 So. 274 , the court held: “[The] Legislature is empowered while it is in session to make its records speak truth and to record in its journal true history of proceedings, and proceedings as written and approved by Legislature while in session are controlling data as to session’s proceedings.” It is the uniform rule that parliamentary rules, such

1964Lindsey v. Tollison, 100 S.C. 165, 174 , 84 S.E. 819, 821 , the court held: *168 "* * * [I]n determining what was or was not done by the Senate, the Journal must be considered as a whole, as any other record would be." In Gray v. Childs, 115 Fla. 816 , 156 So. 274 , the court held: "[The] Legislature is empowered while it is in session to make its records speak truth and to record in its journal true history of proceedings, and proceedings as written and approved by Legislature while in session are controlling data as to session's proceedings." It is the uniform rule that parliamentary rules,

11964–1964
Nicol v. City of St. Paul neutral
minn · 1900
2 sentences

1949Section 465.09 (c. 391, § 1), as we have held in the Freeman case ( 219 Minn. 202 , 17 N. W. [2d] 364) and the cases there cited, was intended to prescribe a uniform rule throughout the state, and, like its predecessor (L. 1897, c. 248), operated, under the rule of the Nicol case ( 80 Minn. 415 , 83 N. W. 375 ), to repeal and supersede all charter provisions of the city of St.

1949Section 465.09 (c. 391, § 1), as we have held in the Freeman case ( 219 Minn. 202 , 17 N. W. [2d] 364) and the cases there cited, was intended to prescribe a uniform rule throughout the state, and, like its predecessor (L. 1897, c. 248), operated, under the rule of the Nicol case ( 80 Minn. 415 , 83 N. W. 375 ), to repeal and supersede all charter provisions of the city of St.

11949–1949
Freeman v. City of Minneapolis green
minn · 1945
2 sentences

1949Freeman v. City of Minneapolis, 219 Minn. 202 , 17 N. W. (2d) 364 .

1949Section 465.09 (c. 391, § 1), as we have held in the Freeman case ( 219 Minn. 202 , 17 N. W. [2d] 364) and the cases there cited, was intended to prescribe a uniform rule throughout the state, and, like its predecessor (L. 1897, c. 248), operated, under the rule of the Nicol case ( 80 Minn. 415 , 83 N. W. 375 ), to repeal and supersede all charter provisions of the city of St.

11949–1949
Johnson v. City of Duluth neutral
minn · 1916
2 sentences

1945We have held in several cases that the legislative act in respect to the method and procedure of presenting claims against municipalities was “intended to establish a uniform rule which should apply to all municipalities, thus avoiding the confusion arising out of the many dissimilar provisions contained in their various charters.” Johnson v. City of Duluth, 133 Minn. 405, 408 , 158 N. W. 616, 617 .

1945We have held in several cases that the legislative act in respect to the method and procedure of presenting claims against municipalities was “intended to establish a uniform rule which should apply to all municipalities, thus avoiding the confusion arising out of the many dissimilar provisions contained in their various charters.” Johnson v. City of Duluth, 133 Minn. 405, 408 , 158 N. W. 616, 617 .

11945–1945
Mulcrevy, & Fidelity & Deposit Co. v. City & County of San Francisco green
scotus · 1914
1 sentence

1926After prescribing the fees in naturalization proceedings, the act, in the fourth paragraph of section 13, provides that the clerk collecting such fees “is hereby authorized to retain one-half * * *; the remaining one-half * * * shall be accounted for in their quarterly accounts, which they are hereby required to render the Bureau of Immigration and Naturalization.” On the point here involved, that law did not receive construction at the hands of the Supreme Court of the United States until 1913, when it was dealt with in Mulcrevy v. City and County of San Francisco, 231 U. S. 669 , 34 Sup. Ct.

11926–1926
Loan Assn. v. Topeka green
· 1875
1 sentence

1904Loan Assn. v. Topeka, supra; Parkersburg v. Brown, 106 U. S. 487 , 1 Sup. Ct. 442; Cole v. La Grange, 113 U. S. 6 ; Allen v. Inhabitants, 60 Me. 124 ; Weismer v. Village, 64 N. Y. 91 ; In re Eureka B.

11904–1904
Parkersburg v. Brown green
scotus · 1883
1 sentence

1904Loan Assn. v. Topeka, supra; Parkersburg v. Brown, 106 U. S. 487 , 1 Sup. Ct. 442; Cole v. La Grange, 113 U. S. 6 ; Allen v. Inhabitants, 60 Me. 124 ; Weismer v. Village, 64 N. Y. 91 ; In re Eureka B.

11904–1904
De Gogorza v. . Knickerbocker Life Ins. Co. green
ny · 1875
11904–1904
Weismer v. . Village of Douglas green
ny · 1876
1 sentence

1904Loan Assn. v. Topeka, supra; Parkersburg v. Brown, 106 U. S. 487 , 1 Sup. Ct. 442; Cole v. La Grange, 113 U. S. 6 ; Allen v. Inhabitants, 60 Me. 124 ; Weismer v. Village, 64 N. Y. 91 ; In re Eureka B.

11904–1904
Billings v. Accident Insurance Co. of North America green
vt · 1891
1 sentence

1904Scarth v. Security, 75 Iowa, 348 , 39 N. W. 658 ; Pierce v. Travelers, 34 Wis. 389 ; Billings v. Accident, 64 Vt. 78 , 24 Atl. 656; De Gogorza v. Knickerbocker, 65 N. Y. 232 ; Riley v. Hartford Life & Annuity Ins.

11904–1904
Pierce v. Travelers' Life Insurance Co. neutral
· 1874
1 sentence

1904Scarth v. Security, 75 Iowa, 348 , 39 N. W. 658 ; Pierce v. Travelers, 34 Wis. 389 ; Billings v. Accident, 64 Vt. 78 , 24 Atl. 656; De Gogorza v. Knickerbocker, 65 N. Y. 232 ; Riley v. Hartford Life & Annuity Ins.

11904–1904
Allen v. Inhabitants of Jay green
me · 1872
1 sentence

1904Loan Assn. v. Topeka, supra; Parkersburg v. Brown, 106 U. S. 487 , 1 Sup. Ct. 442; Cole v. La Grange, 113 U. S. 6 ; Allen v. Inhabitants, 60 Me. 124 ; Weismer v. Village, 64 N. Y. 91 ; In re Eureka B.

11904–1904
Scarth v. Security Mutual Life Society neutral
iowa · 1888
1 sentence

1904Scarth v. Security, 75 Iowa, 348 , 39 N. W. 658 ; Pierce v. Travelers, 34 Wis. 389 ; Billings v. Accident, 64 Vt. 78 , 24 Atl. 656; De Gogorza v. Knickerbocker, 65 N. Y. 232 ; Riley v. Hartford Life & Annuity Ins.

11904–1904
Curry v. Chicago & Northwestern Railway Co. green
· 1878
11883–1883

Where else courts name it

CA 185 (1862–2026) IL 101 (1862–2022) TX 88 (1883–2025) NC 78 (1883–2026) OK 75 (1901–2024) IA 74 (1862–2026) NY 68 (1835–2024) OR 51 (1890–2026) MI 48 (1897–2020) PA 45 (1840–2026) MO 44 (1858–1993) WA 42 (1897–2020) OH 41 (1860–2026) NM 40 (1915–2024) IN 39 (1874–2013) NJ 37 (1839–2025) LA 37 (1920–2015) KY 33 (1895–2024) WV 30 (1900–2021) KS 29 (1877–2021) NE 29 (1876–2022) MD 22 (1897–2024) CO 21 (1895–2025) WI 21 (1860–2023) AR 19 (1877–2015) MN 19 (1883–2018) CT 19 (1857–2023) FL 17 (1926–2011) GA 16 (1904–2022) TN 14 (1949–2019) WY 14 (1916–2006) AL 13 (1884–2008) AZ 13 (1932–2020) MA 12 (1841–2023) MT 12 (1922–2022) NV 10 (1867–2016) DC 9 (1974–2009) MS 8 (1953–2020) ME 7 (1903–2016) VA 7 (1918–2006) NH 6 (1867–2016) RI 6 (1867–2006) DE 6 (1942–2000) ID 6 (1906–2020) AK 5 (1995–2024) UT 5 (2004–2017) SD 5 (1909–2015) HI 4 (1883–1952) SC 4 (1939–2026) ND 4 (1904–2025) PR 4 (1916–1961) VI 3 (2009–2015) VT 2 (1994–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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