Merritt v. Putnam

By the Qowrt

Elandrau, J.

This is an appeal from an order denying the Defendant Putnam leave to serve an amended answer and have a judgment opened which had been taken against him, as he alleges, by his inadvertance, surprise and excusable neglect. It would be enough to refer the party bringing- thiá appeal to the case of Myrick vs. Pierce, 5 Minn. R., 65, where we held that motions of this character are addressed to the discretion of the Court. The Defendant asks a favor, not a right; the Judge grants or refuses the application as under all the circumstances he may think will best subserve the…