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 íThe Supreme Court of Minnesota.

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elected. In 1870 Judge Flandrau returned instruction was held erroneous. The cast to St. Paul, and is now in active practice as is of no importance; but the following Iana member of the firm of Handrail, Squires, guage from a dissenting opinion of ChiefJustice Goodrich is of interest: —

& Cutcheon. The record made by the territorial Su "When I reflect that Minnesota is now in its preme Court is eminently respectable, and infancy, and that its jurisprudence may be seri but few of its decisions have been in terms ously affected by the strict construction and rigid overruled. During its life, from June 1, adherence to ancient forms and technicalities rec 1849, to May 24- 1858, there were filed one ognized by this court, and in view of the great hundred and sixty-one legal reforms going on in Europe and America, I decisions, all of which am admonished, by evi are reported in the first dence not to be mistaken, volume of the State that the time has arrived Reports. Naturally in which laws are to be the greater number are made and administered devoted to questions for the furtherance of of pleading and prac substantial justice." tice, and the various proceedings common The Constitution of in a new country, the new State, which where the courts are was adopted Oct. 13, chiefly engaged with 1857, provided that questions of a com the judicial power of mercial character. the State should be The adjective as dis vested in a supreme tinguished from the court, district courts, substantive law prin probate courts, jus cipally engaged the tices of the peace, and attention of the court. such other courts in The judicial machin ferior to the supreme ery had to be put in court as the Legisla ture might from time running order, and to time establish by the bar instructed in ISAAC ATWATER, a two-thirds vote. the arts of applying the science of the law. The Supreme Court The administration of justice was in a cha should consist of a chief-justice and two as otic condition, and many of the important sociate justices; but the Legislature might, questions had to be decided on first im when it should be deemed necessary, in pression and without a guiding precedent. crease the number of associate justices to The first decision filed by the territorial four. It should have original jurisdiction court was in the case of Desnoyer vs. in such remedial cases as might be pre L'Heraux. This was an appeal from the de scribed by law, and appellate jurisdiction in cision of the Chief-Justice sitting as district all cases both in law and equity. There judge, who had instructed the jury that upon should be no trial by jury in the Supreme an appeal from a justice's court, "if the evi Court. There should be one or more terms dence offered by the plaintiff would warrant in each year at the capital, and terms might a recovery, they would find for the plaintiff be provided for in the several districts without reference to the declaration." This by the Legislature upon a two-thirds vote.