Burt v. State Bank & Trust Co.

Appeal from an order granting defendant’s motion to set aside an attempted ex parte dismissal by plaintiff of a former action. (The first case has been here on appeal from an order for the substitution of defendants. 183 Minn. 109, 235 N. W. 620.) The subject matter of the two actions is the same — a block of corporate stock, the certificate for which stands in the name of decedent, Susan E. Salisbury.

Plaintiff claims the stock under two written assignments from decedent and sues to have her ownership judicially established. By answer in the first action, defendant, representing the estate of…