Credit River Decision

[Shoonra]

The so-called Credit River Decision is one of the odd little jokes of the militia movement. The court was in fact a Justice of the Peace tribunal, presided over by non-lawyer Justice of the Peace Martin V. Mahoney. A JP court usually hears the real bottom level cases, mostly traffic offenses and small claims cases in towns not having more substantial courts with real judges for those caes. In this instance the small claims case involved, I think, a bank loan. Evidently Mahoney was on a downward slide mentally; he died within a year from the effects of serious alcoholism. Mahoney was apparently flimflammed (perhaps without much effort) with militia-type arguments about bank loans not being real loans because money was credited to the borrower's bank account instead of being handed over physically in cash.

The bank, being dissatisfied with the outcome, was willing to litigate the matter further in a real court but, at this point, Mahoney issued a sort of order that this was supposedly impossible because the bank would pay the filing fees to that second court with Federal Reserve Notes and Mahoney had "decided" - without the matter actually being litigated - that FRNs were not money that could be used to pay the court filing fees. So Mahoney was essentially trying to forbid the bank from paying the filing fee to have his decision reviewed by a real judge in a real court.

Mahoney, not being a lawyer, clearly didn't write this "order". It was ghosted for him by Jerome Daly, who was the debtor in the case as well as a lawyer. The "order" was ignored by the real judge of the second court and when the matter was raised further the State Supreme Court took enough interest to declare the "Credit River Decision" to be, not merely overturned but of no validity whatever from its inception. Very strong words. And Daly (who had reprinted this bogus decision in his anti-tax newsletter) was yanked up for serious lawyer discipline (he was eventually disbarred altogether for stunts like this); Mahoney avoided his spanking only by dying.

[mrg]

Originally Posted by Shoonra

1. The so-called Credit River Decision is one of the odd little jokes of the militia movement.

2. The court was in fact a Justice of the Peace tribunal, presided over by non-Justice of the Peace Martin V. Mahoney.

3. A JP court usually hears the real bottom level cases, mostly traffic offenses and small claims cases in towns not having more substantial courts with real judges for those caes.

4. In this instance the small claims case involved, I think, a bank loan.

5. Evidently Mahoney was on a downward slide mentally; he died within a year from the effects of serious alcoholism.

6. Mahoney was apparently flimflammed (perhaps without much effort) with militia-type arguments about bank loans not being real loans because money was credited to the borrower's bank account instead of being handed over physically in cash.

7. The bank, being dissatisfied with the outcome, was willing to litigate the matter further in a real court but,

8. at this point, Mahoney issued a sort of order that this was supposedly impossible because the bank would pay the filing fees to that second court with Federal Reserve Notes and Mahoney had "decided" -

9. without the matter actually being litigated - that FRNs were not money that could be used to pay the court filing fees.

10. So Mahoney was essentially trying to forbid the bank from paying the filing fee to have his decision reviewed by a real judge in a real court.

11. Mahoney, not being a lawyer, clearly didn't write this "order".

12. It was ghosted for him by Jerome Daly, who was the debtor in the case as well as a lawyer.

13. The "order" was ignored by the real judge of the second court

14. and when the matter was raised further the State Supreme Court took enough interest to declare the "Credit River Decision" to be, not merely overturned but of no validity whatever from its inception. Very strong words.

15. And Daly (who had reprinted this bogus decision in his anti-tax newsletter) was yanked up for serious lawyer discipline (he was eventually disbarred altogether for stunts like this);

16. Mahoney avoided his spanking only by dying.

You make claims, and sling mud.

Where have YOU published definitively verifiable validation of YOUR proof of each and every single one of your above enumerated frivolous fairy tale allegations?

Will you please, strictly adhering to Federal Rules of Evidence, substantively, and verifiably prove each of YOUR enumerated statements, in the order enumerated?

If not, why not?

[Shoonra]

mrg caught one of my typos: Mahoney was a non-lawyer, but he was a Justice of the Peace.

The links in the the first message on the thread pretty much establish all the facts.

[Lawdog]

Yep! Go to the first link in the first post, and the official Minneosta State Law Library folks (it's their website) explain how the Credit River case was overturned by the Minnesota Supreme Court, was bogus to begin with, and has no force or effect, in Minnesota or anywhere else in this country. I'm sure they added it to their FAQ section because they got tired of the "sovrun citzuns" asking for copies of it.

They are even nice enough to provide links to the Minnesota Supreme Court cases that overturned the nonsense, so you can read them for free.

[mikah2k]

Regarding "no force or effect", I have seen the credit river township decision to cancel two secured loans on two separate pieces of real estate.

A shrewd Reader would order a certified copy of the Decision and serve it as prescribed by David Merrill and observe the effects.

David, all I can say is thanks man, it worked. Since that time, no further billing statements from the bank nor any foreclosure process from the bank was seen by the homeowners and this is the third year since.

[mrg]

Originally Posted by Shoonra

The links in the the first message on the thread pretty much establish all the facts.

Non-response.

I did not in the least ask for that.

You know quite well what I did ask.

Ma nisrat lech bamoch?

The links address only #14.

[Lawdog]

Originally Posted by mikah2k

Regarding "no force or effect", I have seen the credit river township decision to cancel two secured loans on two separate pieces of real estate.

A shrewd Reader would order a certified copy of the Decision and serve it as prescribed by David Merrill and observe the effects.

David, all I can say is thanks man, it worked. Since that time, no further billing statements from the bank nor any foreclosure process from the bank was seen by the homeowners and this is the third year since.

Proof, please. Justice of the peace court decisions have NO value binding precedent at all, even on other justice of the peace courts in the same state. No trial level court decisions ever establish precedent, in fact.

Think of it this way...let's assume that O.J. was guilty. The fact that the jury found him not guilty does not "establish a precedent" in California (or anywhere else) that it's perfectly legal to kill your ex-wife.

[David Merrill]

Originally Posted by marie

I located over 20 pdf. files having to do with the Credit River Decision. Someone gathered the clerk stamped documents and scanned them in. I haven't taken the time to read through every single file.

From what I have perused, if I have understood correctly, it seemed that while alive Judge Mahoney refused to allow appeals on the Jurys' decision.

Was this court an Article III court?

I am attempting to compress the files into a zip, I would upload them if I were able to access the downloads on this forum (is there a trick? a catch? a secret password?) I do wish admin. would fix it. I have sent an email to the forum 'contact us'...no reply.

That's funny (giggle) ...upload to download...

Hi Marie;

The attorneys are a little miffed at your find. Do you have the transcript from the trial?

I read that a long time ago and tried finding it later and couldn't. Someday I will eventually breakdown and order it for $10 from Audrey Brown at (952) 496-8200 (or x8209) in File #19054.

You asked is this an Article III court? Nope. It is the court above Article III courts, a township as the positive law jural society sitting in assize under a justice of the peace presiding. This is why Jerome Daly was never made to leave his home there.

In the establishment of Article III courts - the Judiciary Act of 1789, Congress was careful to preserve the courts of the people.

"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.

I have attached a more recent instruction for removal. You must understand a little about elastic currency since 1913 and read it to the last page to really get it though.


Regards,

David Merrill.

P.S. Marie; please copy and paste the link where you found certified pages from Credit River.

[Lawdog]

Here's proof that citing Credit River does NOT work, again from the Minneosta State Law Library's own page: [from http://www.lawlibrary.state.mn.us/askfaq.html#credit ]

These cases were recently cited in Sneed v. Chase Home Fin. LLC, 2007 U.S. Dist. LEXIS 46536 (S.D. Cal. June 26, 2007). The court noted the frivolous nature of the plaintiff's argument relying on these cases and went on to say:

Furthermore, the Minnesota cases cited by Plaintiff are not only unreported, but they have been vacated by the Minnesota Supreme Court in reported decisions. See In re Daly, 284 Minn. 567, 171 N.W.2d 818; Zurn v. Northwestern Nat. Bank of Minneapolis, 170 N.W.2d 600, 284 Minn. 573 (Minn. 1969); Daly v. Savage State Bank, 171 N.W.2d 218, 218, 285 Minn. 503, 503 (Minn. 1969). Plaintiff is hereby admonished she must not cite any decision under which Justice Martin Mahoney purported to question the validity of federal currency or the Constitutionality of the Federal Reserve Act, nor may she cite any opinion or decision as authoritative which no longer has authoritative status.

As you can see, a federal judge for the Southern District of California ruled just last year that Credit River is a case of no force or effect.

Rely on it at your extreme peril.

[mrg]

Originally Posted by Lawdog

Here's proof that citing Credit River does NOT work, again from the Minneosta State Law Library's own page: [from http://www.lawlibrary.state.mn.us/askfaq.html#credit ]



As you can see, a federal judge for the Southern District of California ruled just last year that Credit River is a case of no force or effect.

Rely on it at your extreme peril.

Rely on Lawdog's so-called "courts," "pratice" and UPL "legal" "advice" at your MORTAL peril.