# Stolp v. Scrimshaw

> Supreme Court of Minnesota · May 24, 1974 · 300 Minn. 158

URL: https://www.frixlaw.com/law-library/cases/7983465

## Case

- **Full name:** IN RE APPEAL OF KATHLEEN SHARPE O'ROURKE FROM AN ORDER OF DAKOTA COUNTY PROBATE COURT. IN RE APPEAL OF THERESA M. O'ROURKE FROM AN ORDER OF THE PROBATE COURT OF DAKOTA COUNTY. HARVEY STOLP v. MARIE SCRIMSHAW
- **Court:** Supreme Court of Minnesota
- **Decided:** May 24, 1974
- **Citations:** 300 Minn. 158; 220 N.W.2d 811; 1974 Minn. LEXIS 1323
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cases, Consideration, Knutson, Peterson
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7983465

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7983465. Public record. Not legal advice.