stating obiter dicta is a “passing expression[] of the court, wholly unnecessary to the decision of the matters before the court”
How later courts described this case
- stating obiter dicta is a “passing expression[] of the court, wholly unnecessary to the decision of the matters before the court”
- defining obiter dicta as “passing expressions of the court,- wholly unnecessary to the decision of the matters before the court”
- defining dictum as “passing expressions of the court, wholly unnecessary to the decision of the matters before the court”
Written by the judges who cited it.
The opinion
Mitohell, J.
(dissenting) — I find myself unable to agree with the majority and respectfully dissent. My views concerning this case are set out in the original opinion filed by this court on October 14, 1941, and reported in 300 N. W. 281 .