Fischer v. Perisian

Murphy, Justice.

This matter is before us on motion to dismiss an appeal taken by the defendant Leo Perisian from an order of the District Court of Wadena County dated July 18, 1957. The order was made pursuant to the plaintiff’s motion for a dismissal without prejudice in an action in tort for negligence under Rule 41.01(2) of Rules of Civil Pro cedure, which provides that an action may be dismissed on order of the court “upon such terms and conditions as the court deems proper.” Here, the court dismissed the action without prejudice and without imposing any conditions.

It is the contention of…