Steinbach v. Frevel
Supreme Court of Minnesota
An action in the district court for Stearns county by the administratrix of the estate of John G. Steinbach, deceased, to have a certain deed declared a mortgage and for an accounting, and in case the mortgage had not been fully paid to be allowed to redeem, was tried and pursuant to an order of court judgment was entered and docketed therein on October 14, 1905. On January 6, 1908, an order was filed striking from the files a demand for a second trial and on January 14,…
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An action in the district court for Stearns county by the administratrix of the estate of John G. Steinbach, deceased, to have a certain deed declared a mortgage and for an accounting, and in case the mortgage had not been fully paid to be allowed to redeem, was tried and pursuant to an order of court judgment was entered and docketed therein on October 14, 1905. On January 6, 1908, an order was filed striking from the files a demand for a second trial and on January 14, 1908, an order was filed amending the last mentioned order by correcting, the title thereof. On January 20, 1908, notice of…
1Per curiam
Motion to dismiss appeal on the ground that the notice thereof was not served on the clerk of the district court within the time limited. The notice was served by mail, but did not reach the clerk until after the time for appealing from the order had expired. Held, following Thorson v. St. Paul F. & M. Ins. Co., 32 Minn. 434, 21 N. W. 471, that the service was insufficient.
Appeal dismissed.
2Cases cited1 opinion
- Thorson v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1884