Opinion

Western Union Telegraph Co. v. Spaeth

  • 232 Minn. 128
  • 44 N.W.2d 440
  • 1950 Minn. LEXIS 736
Court
Supreme Court of Minnesota
Filed
Oct 20, 1950
Status
Published
Author
Magney
On the bench
Christianson, Magnet
Cited by
34 cases
Authority
More cited than 2.8%

stating that “reenactment of a statute without change, after construction * * ⅜. by the court, presumptively constitutes an adoption of such construction”

How later courts described this case

  • stating that “reenactment of a statute without change, after construction * * ⅜. by the court, presumptively constitutes an adoption of such construction”
  • stating that the “judicial construction of a statute, so long as it is unreversed, is as much a part thereof as if it had been written into it originally”
  • standing for the principle that the “judicial construction of a statute, so long as it is unreversed, is as much a part thereof as if it had been written into it originally” (citation omitted) (internal quotation marks omitted)
  • stating “reenactment of a statute without change, after construction of the statute by [the supreme court], presumptively constitutes an adoption of such construction”

Written by the judges who cited it.

The opinion

Magnet, Justice

(concurring).

I still adhere to the view expressed in the dissenting opinion in The Pullman Co. v. Commr. of Taxation, 223 Minn. 96 , 25 N. W. (2d) 838 . However, for reasons set out in the last paragraph of the above opinion, I reluctantly concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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