Minnesota Statutes
Minn. Stat. § 547.01 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1974 c 394 s 11]
Notes of Decisions
Cited in 14
cases, 1944–1991 · leading case: Johnson v. Johnson, 27 N.W.2d 289 (Minn. 1947).
Johnson v. Johnson, 27 N.W.2d 289 (Minn. 1947). “02, 3 specifies that, where a motion for a new trial under § 547.01 4 is made upon the minutes and an appeal is taken from the order therein, a case or bill of exceptions must be settled and returned with the record here.”
State v. Barnes, 81 N.W.2d 864 (Minn. 1957). “1949, § 547.01, in seven separate subsections. Section 547.”
Ginsberg v. Williams, 135 N.W.2d 213 (Minn. 1965). “"On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct entry of a new judgment.”
Thayer v. Duffy, 63 N.W.2d 28 (Minn. 1953). “Where statutes, such as § 547.01, have been enacted regulating motions for new trial, they are no longer granted by the successor as a matter of course.”
Knox v. City of Granite Falls, 72 N.W.2d 67 (Minn. 1955). “1949, § 547.01(5, 7). In the leading case of Mohr v.”
Maas v. Midway Chevrolet Co., 18 N.W.2d 233 (Minn. 1945). “1941, § 547.01(5), (Mason St. 1940 Supp. § 9325[5]).”
Hurr v. Johnston, 65 N.W.2d 193 (Minn. 1954). “1949, § 547.01(5), and Rule 59.01 of Rules of Civil Procedure thereby entitling plaintiffs to new trials on the issue of damages alone, or, in the alternative, new trials on all issues.”
Smith v. Illinois Cent. R.R., 68 N.W.2d 638 (Minn. 1955). “01 of Rules of Civil Procedure supersedes § 547.01 and insofar as here material provides: “A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes: * * * -X- “(7) The verdict * * * is not justified by the evidence,…”
Welsh v. Barnes-Duluth Shipbuilding Co., 21 N.W.2d 43 (Minn. 1945). “That assignment raises the question whether the evidence as a matter of law compels a recovery in favor of plaintiff. A new trial may be granted for errors of law occurring on the trial only where such errors are either excepted to at the time or clearly assigned in the notice…”
Vasatka v. Matsch, 13 N.W.2d 483 (Minn. 1944). “1941, § 547.01 (Mason St. 1940 Supp. § 9325). Accordingly, the case does not fall within the rule laid down in Hicks v.”
Rademacher v. Tountas, 474 N.W.2d 446 (Minn. Ct. App. 1991). “See id. at 1076 (court would not speculate "as to what the statute should include").”
Waterhouse v. Branden, 48 N.W.2d 330 (Minn. 1951). “) The trial court further stated that said order was made in the exercise of its judicial discretion and authority to grant a new trial and that it fully complied with the provisions of § 547.01; that no motion or application had been made to the court by defendants to vacate or…”
Minn. Stat. § 547.01(5): 2 cases
Maas v. Midway Chevrolet Co., 18 N.W.2d 233 (Minn. 1945). “1941, § 547.01(5), (Mason St. 1940 Supp. § 9325[5]).”
Hurr v. Johnston, 65 N.W.2d 193 (Minn. 1954). “1949, § 547.01(5), and Rule 59.01 of Rules of Civil Procedure thereby entitling plaintiffs to new trials on the issue of damages alone, or, in the alternative, new trials on all issues.”
Minn. Stat. § 547.01(6): 1 case
Welsh v. Barnes-Duluth Shipbuilding Co., 21 N.W.2d 43 (Minn. 1945). “That assignment raises the question whether the evidence as a matter of law compels a recovery in favor of plaintiff. A new trial may be granted for errors of law occurring on the trial only where such errors are either excepted to at the time or clearly assigned in the notice…”
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