Tombs v. Ashworth

Knutson, Justice.

This case was commenced to recover damages for alleged conversion of some construction equipment. It was tried by the court without a jury. Findings of fact, conclusions of law, and order for judgment in favor of defendants were entered on April 17, 1957. On or about August 8, 1957, defendants served upon plaintiffs a notice of motion to tax costs and enter judgment. The notice read as follows:

“Please Take Notice, that on the 14th day of August, 1957, at 10:00 o’clock A. M., application will be made to Philip C. Schmidt, Esq., Clerk of said Court, at his office in the Court…