Ross v. Duluth, Missabe & Iron Range Railway Co.

The history of the two alternative motions for judgment or a new trial which preceded the entry of the judgment subsequently appealed from [203 Minn. 314] appears in our opinion in201 Minn. 225, 275 N.W. 622. The first motion was upon the minutes and was denied. The second motion was made "upon the pleadings and files in said action and upon the settled case then and there to be allowed and signed," so it is quite obvious that the transcript was ordered for the purpose of settling a case which defendant used as a basis for its second motion. The order denying the second motion was not an…