noting that “the legislature, in creating a substantive right by statute, may, as an element of that substantive right, circumscribe the adjudication of that right more strictly than in other cases”
How later courts described this case
- noting that “the legislature, in creating a substantive right by statute, may, as an element of that substantive right, circumscribe the adjudication of that right more strictly than in other cases”
- explaining County of Brown v. Winona & St. Peter Land Co., 38 Minn. 397, 399, 37 N.W. 949, 950-51 (1888)
- "We hold that the Minnesota Constitution does not, either expressly or by necessary implication, guarantee to the individual a right of appeal....”
Written by the judges who cited it.
The opinion
*182 Upon Petitions for Reargument
On July 12, 1974, the following opinion was filed:
Per Curiam.
Petitioner Theresa M. O’Rourke fully accepts the decision that Minn. St. 487.89 is constitutional and by petition for reargument urges only that leave to appeal should be granted to resolve an important issue of law deemed to be of first impression in this state. Leave to appeal is for that reason now granted in Nos. 44565 and 44575.
However, the petition for rehearing filed by the plaintiff in No. 44622 is denied since the petitioner raises only questions of fact which have been fully developed and reviewed in the lower courts.
Mr. Chief Justice Knutson, following oral argument, retired as chief justice and therefore withdrew from consideration or decision of these cases.