Nelson v. Auman

Matson, Justice.

This matter is before the court a second time. For a more detailed statement of facts see our prior decision. Nelson v. Auman, 216 Minn. 407, 408, 13 N. W. (2d) 38, 39. Subsequent to that decision, wherein this court sustained the order of the trial court striking plaintiff’s answer to intervener’s complaint as sham, frivolous, and false, intervener served a notice of motion for judgment for the relief demanded in its complaint. Pursuant to this notice of motion, plaintiff (appellant herein) appeared in court and requested that he be given an opportunity to offer testimony.…