Johnson v. Union Savings Bank & Trust Co.

An appeal from an order of the district court refusing to vacate a judgment entered in favor of defendant.

By the order of the lower court defendant’s demurrer to the complaint was sustained on March 5, 1931. An appeal to this court from that order was dismissed because of lack of jurisdiction, the appeal having been taken after the statutory time for such appeal had expired. Johnson v. Union Sav. B. & T. Co. 193 Minn. 357, 258 N. W. 504.

Pending the appeal from the order sustaining the demurrer, the defendant, on August 6, 1934, entered judgment of dismissal. February 26, 1935, plaintiff’s…