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1 Hennepin Law. 1 (1933)

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FEBRUARY, 1933

No. 1

Committee on Court Rules
and Procedure Reports
The Committee on Court Rules
and Procedure of the Association
has adopted a program for the ac-
complishment of certain improve-
ments in the method of handling
legal business according to a report
released by LeRoy Bowen, its chair-
man. Mr. Bowen     stated that the
committee proposed to circulate a
questionnaire among   the members
of the bar for the purpose of as-
certaining the views of lawyers on
miscellaneous matters relating   to
the conduct of business in the courts.
The committee proposes to analyze
and compile the information thus
obtained  looking  toward  bringing
about such changes as the majority
of the bar desires.
The committee report follows:
One of the most important prob-
lems with which the Committee pro-
poses to deal first is the condition
of the district court calendar. It is
approximately twelve months behind
This is a matter of vital consequence
to every lawyer. We all know that
many businesgmen settle their dis-
putes, often at a sacrifice, for the
reason that litigation involves too
much delay. A man whose house has
burned down, a man who has sold
a shipment of goods and has be-
come involved in a dispute with the
purchaser, and, indeed, any person
who has a dispute over any matters
which  involves a   sum  of money
sufficient to justify him to go to
law about it very often must make
the best settlement he can. He can-
not afford to await the outcome of
a lawsuit. He, therefore, frequently
sacrifices that full justice to which
he is entitled in favor of a prompt
disposition of his matter.
This is not written with any pur-
pose to encourage litigation. It is
merely to call attention to the fact
that on account of the condition of
the calendar clients are suffering
and as a result lawyers lose busi-
ness which   is legitimately theirs.
This loss is, in a large measure, due
to the fact that the lawyer cannot
offer his client a reasonably   ex-
peditious  method   of  determining
business disputes.
This Committee is for the first
time, I believe, making a scientific
survey of the kind and character oC
cases commonly tried, with a view
of ascertaining just what it is that
is occupying the time of the courts.
When that survey is completed, pre-
(Continued on page 3)

LJ
Forty-seven Appointed to
Serve on 1933 Committees
President L. B. Byard of the Hen-
nepin County Bar Association has
announced the membership of the
eight standing committees of the
organization for the coming year.
The recently appointed committees
are as follows:
Program
Ben W. Palmer, Chairman.
Florence M. Selander, Secretary.
P. F. Sherman, John D. Nunan,
Robert  Van    Fossen, A. Lyman
Beardsley.
Ethics
D. E. LaBelle, Chairman.
James D. Bain, Secretary.
Edward C. Gale, W. B. Hender-
son, Paul Jaroscak, Neil Hughes,
Charles Eisler, George W. Strong,
Albert M. Anderson.
Unauthorized Practice
James C. Melville, Chairman.
Benedict Deinard, Secretary.
Leslie L. Anderson, Fred A. Os-
sanna, Karl H. Covell, Joseph C.
Vesely.
Court Rules a Procedure
LeRoy Bowen, Chairman.
Judge Arthur W. Selover, Judge
Paul S. Carroll, Theodore W.
Thompson, Tracy J. Peycke.
Membership
Daniel F. Foley, Chairman.
George Beaverson, Secretary.
Russell C. Rosenquest, Henry J.
Bessesen, Leslie L. Anderson, Stelle
S. Smith, David J. Smilow.
Public Realtions
Donald C. Rogers, Chairman.
James E. O'Brien, Perry R. Moore,
Mrs. James Paige, P. L. Solether,
Albert C. Cobb.
Relief
J. F. Kingman, Chairman.
George W. Buffington, Abbott L.
Fletcher.
Criminal Law
Edward P. Kelly, Chairman.
A. M. Cary, Samuel H. Maslon,
S. Paul Skahen, Howard P. Quealy.

[]G.

W. C. Ross Discusses
Phrases oF Foreclosures

FEBRUARY
Tuesday Noon Programs
Elks Club
7th-Prof. Roy Blakey
Taxation in Minnesota
14th-Perry Moore
Conditional Sales
21st-Judge Gustavus Loevinger
Psychology in the Court-
room
28th-Judge Manley Fosseen
'Procedure in the Pro-
bate Court

Vol. I

Believing that there is a great deal
of valuable material worthy of perma-
nent record contained in the talks given
before the Tuesday meetings of the As-
sociation it will be the policy of this
paper to reprint one of these addresses
in each issue. The following paper pre-
pared by Mr. G. W. C. Ross of St.
Thomas College has been chosen for this
issue.
The striking feature of our re-
demption statute is its arrangement
of  redemptioners other   than   the
owner in a definite serial order be-
hind him; each one having a speci-
fied five-day period in which he is
to redeem. This arrangement seems
peculiar to Minnesota. With us, the
owner   alone  may   redeem   within
the year. Only if he fails to do so,
may creditors redeem.
The grand characteristic of the
usual modern statutory redemption
system is its division of all redemp-
tions into two fundamental kinds;
redemptions that annul the fore-
closure, and redemptions that as-
sign to the redemptioner the fore-
closure title. Our statute does not
very happily express the basis of
this distinction. It says that redemp-
tion by the mortgagor, his per-
sonal representatives   or  assigns
(Mas. Stat. 1927, Sec. 9626), or, in
another section, by the owner-, his
heirs, personal representatives   or
assigns  (Sec. 9630), shall annul
the foreclosure; while redemption
by a creditor holding (having)
a lien shall assign the foreclosure
title. (Ibid.) These two descriptions
overlap. A junior mortgagee, e. g.,
is at once an assign and a cred-
itor of the mortgagor's. As an as-
sign he is held entitled to any sur-
plus proceeds of the senior fore-
closure sale (Fuller vs. Langum: 37
Minn. 74, 33 NW. 122. Cf. Dunn.
Dig., Sec. 6351 (11). But as a re-
demptioner he stands as a cred-
itor, not as an assign. (Cuiler-
rier vs. Brunelle: 37 Minn. 71, 33
NW. 123) In truth the distinction
is between an owner of the fore-
closed property, and a lienholder,
whether the lien be one voluntarily
created by the owner, or one aris-
ing purely in invitum against him.
Redemption by the owner of an es-
tate in the foreclosed property an-
nuls the foreclosure. It is treated
as though the foreclosed mortgage
had been voluntarily paid without
foreclosure. But redemption   by   a.
(Continued on page 3)

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